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Trade Secrets: Cases and Issues

Lecture in Korean

Trade Secrets: Cases and Issues

Cropped and edited two images from Pixabay and Pixabay

Ms. Hyeyun Yang, Attorney, Logos Law LLC

Thursday, May 26, 2022
11:00 AM - 12:30 PM (Pacific Time)

10383 Bunche Hall (10th floor)

Invention refers to a highly advanced creation of technical ideas using natural laws, and the patent system aims to promote and contribute to technological and industrial development by protecting and encouraging inventions and promoting their use. The granting of exclusive patent rights in exchange for technology disclosure is a specific means. Trade secrets are technical and management information that a company develops and keeps secretly in order to secure a competitive advantage in the market.

Trade secrets refer to technical and business information kept confidential by the efforts made. A patent can be obtained if it satisfies the patent requirements such as novelty, inventive step, and industrial applicability, whereas a trade secret is patented if it is non-publicity, confidentiality management, and economic feasibility.

Trade secrets can protect a wide range of corporate intangible assets such as technical and management information that are not protected by patent right. However, the patentee can register the patent right and exercise the right exclusively and secure strong civil and criminal remedies against the infringer. On the other hand, even if trade secrets can be transferred or contracted for, they are not exclusive rights, and there is no method of possession or disclosure of registration. Consequently, trade secrets cannot be prohibited when another person acquires or develops and uses the same technology legally. Also, if another person who developed the same technology acquires a patent right, the existing trade secret holder may rather restrict the use of the trade secret. Thus, it is a matter of choosing whether to use the patent system or to be guaranteed trade secrets. In this colloquium, Ms. Yang will examine the cases and issues of each trade secret.


*Event is exclusive to CKS Visiting Scholars, graduate/undergraduate students, and faculty.

Sponsor(s): Center for Korean Studies

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