Legal experts answer corporate counsel’s most pressing questions about intellectual property
Four corporate counsel from Infosys, Nokia, Mobiltrain Knowledge Services and Wockhardt share their greatest intellectual property concerns with India Business Law Journal. We asked 12 specialists to tackle these problems and provide practical solutions, protection strategies and legal wisdom for successful IP management.
Confidentiality breach
Gayathri Sriram, CEO, Mobiltrain Knowledge Services: When a non-disclosure agreement specifically states that the signatory has no right to use the information for competitive purposes and they do so anyway, what recourse is there?
Gunjan Paharia, managing partner, Zeus IP: You can enforce it. India does not have any statututory provision that may disallow you to legally enforce any of the clauses that the signatory has signed off on. The deterrent here is the pace of the Indian legal system. It is obvious that once a non-disclosure agreement has been signed, one will have to prove (a) that the IP-related information was transmitted to the person, and (b) that the person has misused it.
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