30 April 2020
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) indicates the following rights as some of the categories of intellectual property:
1. Trade Secrets
2. Patents
3. The Trademarks
trade secrets
The World Intellectual Property Organization defines a Trade Secret as intellectual property rights over confidential information that can be sold or licensed. In general, to be considered a trade secret, the information must be:
– valuable from a commercial point of view since it is secret,
– known only to a limited number of people, and
– subject to reasonable measures to keep it secret from the person who rightfully controls it, including the use of confidentiality agreements between associates and employees.
The industrial secret is contemplated within our Honduran industrial property law, which is defined as any undisclosed information that a natural or legal person possesses, that can be used in any productive, industrial or commercial activity, and that is capable of being transmitted to a third party. [1]
What type of information can be protected as an Industrial secret?
Any type of information that gives a company a competitive advantage can be protected as a trade secret. Some examples are detailed for better reference:
· Recipes
Pharmaceutical product test data
Designs and drawings of computer programs
Commercial information such as distribution methods, list of suppliers, clients, and advertising strategies
Manufacturing methods
· Financial information
Examples[2]
· One of the best-known trade secrets is that of Formula Coca-Cola. The secret is kept in a guarded vault of which it is said that only 2 managers have access to it, who never travel together in case of preventing any type of accident. The formula was created by pharmacist John Pemberton and was written by hand in the year 1886.
· The google algorithm includes more than 500 developments, every year, since they seek to improve the search that each person performs.
Patents
It is an exclusive right granted by the State for the protection of an invention. The main objective of registering a patent is to use and exploit your invention, preventing third parties from using it without your consent.
For a patent to be registrable, it must meet 3 requirements: [3]
– Be new: it must not have existed in the state of the art before your request.
– Have an inventive level: it must not be obvious from the state of the art.
– Being capable of industrial application: it can be produced or used in any type of industry.
Examples[4]
· It is considered that John Utyman made the first patent in history in the year 1449. The patent covered a process for manufacturing glass that was later used as a basis for developing new ways of creating and treating crystals.
· Many technologies associated with a trade name have also been patented, such as the one used by the iPod and patented by Steve Jobs in 2007. It is important to mention that the iPod is a trademark, however, the technology with which it is used is a consequence of a patent.
· Drone, was patented in 1962 by Edward G. Vanderlip, with which he promises to completely change the way merchandise is marketed.
Brands
A trademark is any sign used to distinguish products, services, or industrial and commercial establishments in the market.
The main characteristic of a brand is that it must have a distinctive character, that is, it must be able to be distinguished from other brands that exist in the market, so that the consumer does not fall into confusion and can differentiate one product or service from another. of the same or identical species that exist on the market.
[1] Article 73 of the Industrial Property Law of the Republic of Honduras.
[2] https://listas.20minutos.es/lista/diez-secretos-mejor-guardados-del-mundo-diez-productos-mas-famosos-del-mundo-395315/
[3] Article 8, 9 and 10 of the Industrial Property Law of the Republic of Honduras.
[4] https://noticias.universia.edu.uy/cultura/noticia/2018/06/18/1160273/5-patentes-cambiaron-mundo.html
All these intangible intellectual property rights detailed above are protected in Honduran legislation, it is important when creating one to identify what type it is in order to proceed with its adequate protection and get the most out of it.