Module 2

services. Accordingly, the description of those goods or services and the
choice of classes is a critical element in establishing protection and
forming a basis for commercialisation.

The advent of the Internet presents some special issues in relation to
enforcement of a registered trademark particularly in respect of domain
names, meta tags and hyperlinks.

2.7 CONFIDENTIAL INFORMATION

There is no act which has been enacted by parliament to govern
confidential information. The law relating to confidential information has
been built up over many decades and emanates from English Common
Law. There is no registration system.

Confidential information may be the only way of protecting an idea.
Although colloquial use often involves stating that confidential
information is ‘owned', Indian law has yet to conclude that this is so. This
is because the courts have yet to commit to the proposition that
confidential information is a form of ‘property’. It is essentially a question
of who has the ability to control the release of the information.
Nonetheless, English cases have held that it is possible to have ‘co-
ownership’ and that each co-owner is entitled to use the information for
their own benefit. This was laid down in Murray v. Yorkshire Fund
Managers Ltd.78

78 Murray v. Yorkshire Fund Managers Ltd., [1998] 2 All ER 1015.

The great advantage for the commercialisation process is that there is no
limit to the period of protection. If the enterprise can maintain
confidentiality then it essentially holds monopoly rights in relation to the
use of that confidential information forever. Of course, the downside is
significant. Release of the information into the public domain, even if done
in an unauthorised manner, means that protection is potentially lost
forever. For this reason the mechanisms and processes employed by the
enterprise to retain confidentiality are critical.