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Trade secrets also are most of the time considered as the fourth
type of intellectual property, in addition to patents, trademarks, and
copyrights. It can be registered with the IPO generally as a patent; except
those which are not patentable under the Intellectual Property Code of
the Philippines.
1World Intellectual Property Organization. How are Trade Secrets Protected. Retrieved from
http://www.wipo.int/sme/en/ip_business/trade_secrets/protection.htm.
Trade secrets are essentially of two kinds. On the one hand, trade
secrets may concern inventions or manufacturing processes that do not
meet the patentability criteria and therefore can only be protected as
trade secrets. This would be the case of customers lists or manufacturing
processes that are not sufficiently inventive to be granted a patent
(though they may qualify for protection as a utility model). On the other
hand, trade secrets may concern inventions that would fulfill the
patentability criteria and could therefore be protected by patents. If the
secret is embodied in an innovative product, others may be able to
inspect it, dissect it and analyze it (i.e. "reverse engineer" it) and discover
the secret and be thereafter entitled to use it. Trade secret protection of
an invention in fact does not provide the exclusive right to exclude third
parties from making commercial use of it. Only patents and utility
models can provide this type of protection. So there is a choice: to patent
the invention or to keep it as a trade secret.2
3 Ibid.
cannot be compelled to disclose its trade secret. Courts cannot generally
issue an injunction to compel such disclosure. 4
4 Air Philippines Corporation vs, Pennswell Inc. G.R. No. 172835,December 13, 2007.