ARTICLE · 24 FEBRUARY 2020

Patent Or Trade Secrets: Which Offers Better Protection?

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Spurred by the rapid growth of technology, many businesses have come up with inventions aimed at giving them a competitive edge. With these inventions comes the risk of having commercially

South AfricaIntellectual Property

Spurred by the rapid growth of technology, many businesses have come up with inventions aimed at giving them a competitive edge. With these inventions comes the risk of having commercially valuable information misappropriated by competitors. To counter this risk, it is imperative that businesses deploy the avenues available in law in Kenya to protect their interests and enforce their rights. That said, choosing the best avenue can pose a dilemma for businesses, which have to decide between deploying patents or trade secrets. This article explores the benefits of each of these modes of protection and the factors to consider when making a selection.

Patents: legally safer but strictly regulated

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