The owner of a trade secret does not have the right to prohibit others from performing any of the prescribed acts?
The owner of a business secret does not have the right to prohibit others from performing the acts specified in Clause 3, Article 125.Intellectual Property Law 2005, As follows:
The right to prevent others from using industrial property objects
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3. The owner of a business secret does not have the right to prohibit others from performing the following acts:
a) Disclosing or using business secrets obtained without knowing and without obligation to know that business secrets were obtained illegally by others;
b) Disclosing confidential data to protect the public according to the provisions of Clause 1, Article 128 of this Law;
c) Using confidential data specified in Article 128 of this Law for non-commercial purposes;
d) Disclosing and using independently created business secrets;
d) Disclosing and using business secrets created by analyzing and evaluating legally distributed products, provided that the analyst or evaluator has no other agreement with the owner of the business secret or salesman.
According to this regulation, the owner of a business secret does not have the right to prohibit others from performing the following acts:
- Disclosing or using business secrets obtained without knowledge and without obligation to know that business secrets were obtained illegally by others;
- Disclosure of confidential data to protect the public according to the provisions of Clause 1, Article 128 Intellectual Property Law 2005 amended by Clause 49, Article 1 Amended Intellectual Property Law 2022;
- Use of confidential data specified in Article 128 Intellectual Property Law 2005 amended by Clause 49, Article 1 Amended Intellectual Property Law 2022 not for commercial purposes;
- Disclosing and using independently created business secrets;
- Disclosing and using business secrets created by analyzing and evaluating legally distributed products, provided that the analyst or evaluator has no other agreement with the business secret owner or other person.