15161110.

111w-

REviEWER ON coMMERcIAL LAW

niscoveries, scientific theories

- "non -patentable
ainnE
Y
tihoaeniths
()rm
are the Intellect ua'
vdeSn, tm
"e
uias
ntcdieocarrrleScm.etcettiho onds2,2.1 of
Einstein's
theory like
Property Code. A scientific
it is not invented.
theory of relativity is
discovered,

A:

A trade secret is
8. TRADE SECRETS

a plan or poroZs; atonodl,

tmhoescehaonf ishmis

t. It includes
employees to vvhom it is nec teos siatsry to confide
or compound
Icnown .o nly
i
patented, but known only
a secret formula or process not
some article
to certain individuals using it in compounding
(Air Philippines Corp. v.
of trade having a commercial value
Pennswell, Inc., G.R. No. 172835, Dec. 13, 2007).

a)

A trade secret
pattern, device,

consist
may
or compilation

that: (1) is used in one's

gives the employer an opportunity

formula,
any
of information
and
business;
(2)
of

to

not
do
)nc ghree m
dieicn atsl,

who

c ompetitors
an advantage
over
possess the information. It can be a i
composition, (ii) formulation,

obtain

(iii)

(iv) price list, (v) catalogue, or (vi) specialize

customer list
b)

(Ibid.).

even if it is not
is
protected
A trade -secret
,,
.,,
- -.
.-,
covered
by the propriety rights
patentable. It is
and the said owner
the owner of the trade secret
cannot be compelled to disclose its trade

ot

,.

secret.

Courts cannot generally issue an injunction to

(Ibid.).

compel such disclosure

c)

The ingredients of consumer products are not

trade secrets.
They should hp
label under Section
-77 of th

e1Consumer A
1
However, ingredients of chemicals supplied to
airline companies are not consumer products.
Consumer products are primarily for personal,
family,
(Ibid.).

household

or

agricultural

purposes

c LtC.
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