Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of th
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2024
Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of the region were known as Darjeeling today was inhabited by the Lepcha tribes. In 1828, while visiting this region located in the backdrop of the snow-clad Himalayan range, a young British called Captain Lyoyd discovered the possibility of converting the region into a hill station or a sanitarium. In 1839, Darjeeling was handed over to Dr. A. Campbell, a civil surgeon, who got transferred from Kathmandu to Darjeeling to become the first Superintendent of the Darjeeling district, a position which he held for the next twenty two years. In 1841, Dr. Campbell brought the seeds of China variety of tea from Kumaon hills of North India and planted them near his residence in his Beech wood garden in Darjeeling, 2134 meters above the mean sea level. Seeing the success of Dr. Campbell's experimental tea nursery, the British Government decided to put out tea nurseries in the region in the year 1847. Even after the Indian independence from British rule in 1947, the British ownership continued in many tea gardens of Darjeeling. By the end of the 1970's, most of the tea gardens of Darjeeling were in the hands of Indian owners. It supplies around 30% of world's Favourite hot drink. India is not only the world's largest consumer of Tea but also exports sizeable portion of its production. Tea leaves are grown in different hill areas and among them Darjeeling Tea offers distinctive characteristics with regard to its quality and flavour. As such Darjeeling Tea has global reputation for more than a century. There are two main reasons for the same and they are exceptional and distinctive taste due to geographical origin and processing. Darjeeling tea is cultivated, grown and produced in tea gardens in a well known geographical area – Darjeeling district of West Bengal State for over one and half centuries. An adequate legal protection is necessary for the protection of legitimate right holders of Darjeeling tea from the dishonest business practices of various commercial entities. Questions: (d) What are the advantages and disadvantages of 'Trade Secret'?
Answer & Explanation:
Answer 4(d) The advantages of 'Trade Secret' are as under: trade secret protection is not limited in time (patents last in general for up to 20 years). It may continue indefinitely as long as the secret is not revealed to the public; trade secrets involve no registration costs (though keeping the information confidential may entail high costs in certain cases); trade secrets have immediate effect; and trade secret protection does not require compliance with formalities or public disclosure. The disadvantages of 'Trade Secret' are as under: Reverse Engineering- Others may be able to inspect and dissect it. Trade secret protection 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. A trade secret may be patented by someone else who developed the relevant information by legitimate means, for example, inventions developed independently by others. Once the secret is made public, anyone may have access to it and use it at will. The more people know about the trade secret, the more difficult it will be to keep it secret. Trade secret protection is effective only against illicit acquisition, use or disclosure of the confidential information. A trade secret is more difficult to enforce than a patent. Often, it is quite difficult to prove the violation of trade secrets. The level of protection granted to trade secrets varies significantly from country to country, but is generally considered weak, particularly when compared with the protection granted by a patent.
Topics: Trade Secrets
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