Trade Secrets In Nigeria
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FAQ
In order for information to be protected as trade secret, it shall meet the following criteria. The information must be secret (i.e., it is not generally known among, or readily accessible, to circles that normally deal with the kind of information in question). Absolute secrecy is not required.
1 . The Coca-Cola Secret The Coca-Cola Company had decided to keep their recipe as a Trade Secret instead of patenting it as patenting might cause the disclosure of the recipe. It was also told that one of the ingredients of the recipe might be Cocaine.
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
Trade secret protection in Nigeria is mostly derived from the common law. Therefore, persons and enterprises have relied upon contract law, torts, and other basic legal principles to prove a claim for the misappropriation of trade secrets.
Trade secrets encompass both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies.