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ARTICLE · 13 APRIL 2011

Sometimes Secrets Are Worth Keeping

What is the secret of Coca-Cola’s great taste?

CanadaIntellectual Property

What is the secret of Coca-Cola's great taste?

The recipe for this iconic soft-drink has been zealously guarded for over a century. Recently, there have been unconfirmed reports that the formula has been revealed publicly. But given the ubiquity of this drink, how is it that the formula could have remained hidden for so long?

Casual observers may – incorrectly – assume that the makers of Coca-Cola hold a patent for the recipe. Patents, by virtue of the time-limited monopoly they confer, require their subject matter to be publicly known. In contrast, secret recipes such as that for Coca-Cola belong to an entirely different class of intellectual property: trade secrets.

Although there are differing definitions, depending on jurisdiction, a trade secret can be characterized as information that is not generally known and that is valuable because it is not generally known. Moreover, owners of trade secrets must make reasonable efforts to protect the information.

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