التمييز بين نظامي الأسرار التجارية و براءة الاختراع

Abstract EN

We will deal in these papers with the subject of Comparison between the trade secrets and the system of patents and their legal implications, since they represent the prominent image of industrial property, especially with their similarity, and their convergence in many respects, so there is who considers that trade secrets is a complementary system of patents, and there are those who went further and consider it as an alternative to patents, However, this did not prevent the existence of substantial differences between them, which made each of them an independent system.

This distinction is manifested in many respects such as, the content and the scope of the exclusive right or in terms of protected conditions and its duration, in addition of course, to the legal framework of both, in which substantive aspects of trade secrets and patents are highlighted in the various comparative legislation and also under many international conventions.

The most important of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), This is what makes aims to distinguish between them.