The thirteenth session of the Intellectual Property Advisory Board for Exporters is held on 26 September 2024
The representative of the developer of the chemical composition of haemostatic solution used in medical haemostatic sterile impregnated wet or dry products based on woven or non-woven material for stopping capillary, venous and arterial bleeding, asked how to protect the development without resorting to its patenting.
The answer was based on the provisions of the Law of the Republic of Belarus ‘On Trade Secrets’ dated 5 January 2013 No. 16-Z (hereinafter - the Law) and other legislative acts.
As is known, a trade secret is information of any nature (technical, production, organisational, commercial, financial and other), including trade secrets (know-how) that meet the requirements of this Law and in respect of which a trade secret regime is established.
It is the preservation of production secrets (know-how) in the regime of commercial secrecy can be for the developer of the composition of haemostatic solution the tool that he can use to protect his development.
In accordance with the Law, a trade secret regime may be established in respect of information, including trade secrets, which simultaneously fulfils the following requirements:
- are not generally known or easily accessible to third parties in the circles that usually deal with this kind of information;
- have commercial value for their owner due to their unknown to third parties;
- are not objects of exclusive rights to the results of intellectual activity;
- are not classified as state secrets in accordance with the established procedure.
Information has commercial value if its possession enables a person, under existing or possible circumstances, to increase income, reduce expenses, maintain a position in the market for goods, work or services, or obtain other commercial benefit.
Clarifying questions to the representative of the developer allowed to find out that the developed formulation of the haemostatic solution is difficult to determine when a competitor acquires haemostatic sterile products. This would require high competences, considerable efforts, time and money for the competitors. Thus, the composition and the method of its preparation can be protected for some time as a production secret (know-how).
The consultee was offered to deposit information about the developer's trade secret with the Belarusian Chamber of Commerce and Industry and to obtain a corresponding certificate from the BelCCI's Belpatentservice. In order to obtain such a certificate the developer will have to fill in the relevant application, to which it is necessary to submit copies of documents on the introduction of the commercial secret regime in his scientific and economic activities (order, regulations on commercial secrecy with annexes).
For reference: The Belarusian Chamber of Commerce and Industry has a System of Voluntary Identification and Deposit of Results of Intellectual Activity and Intellectual Property Objects (RIDOIS). The system provides for the deposit of computer programmes and databases, works of painting and graphics, decorative and applied art, literary, script, architectural, scientific and other works, as well as information on the possession of production secrets (know-how).
For more details on the deposit system, see https://www.ipcci.by/uslugi/podrobnee/1/.
