Describing The Trade Secret In Your Plaint

Unlike intellectual property protection offered by statute such as the Patents Act, 1960, protection for a trade secret or confidential information is only as good as the effort and success at protecting the character of secrecy or confidentiality through an effective trade secret policy and its implementation. Furthermore, without an objective definition of a trade secret/confidential information provided by a statute, what qualifies as such is often subjective and contextual to each case, rendering the role of the aforesaid policy and practice even more important and critical to the cause of trade secret protection. The result is that the burden of proof is often on a plaintiff to establish what it seeks to protect as Confidential Information or Trade Secret, qualifies as such. The foundational step in the plaintiff's efforts to meet its burden of proof, is the pleading or the plaint¹.