Act 2
Trade Secrets Protection Act
2009
9. Right to assign, transfer or license.
(1) A person entitled to the benefit of a trade secret may assign,
transfer or license the right to that trade secret, wholly or partially and
generally or subject to territorial limitation.
(2) In the case of a licence arrangement, the licensee, is obliged
to protect the trade secret against disclosure other than as authorized
under the contract and has the same rights as the owner against
unauthorized disclosure.
10. Rights and obligations to be set forth in contract.
In each case of assignment, transfer or licence the rights and
obligations of the parties shall be stated in a written contract and
signed by the owner of the right or by a person authorized by him or
her for that purpose and by the person to whom the rights are being
assigned or transferred or licensed.
11. Information furnished to a government department.
(1) Where information that would otherwise be a trade secret is
required to be furnished to a government department, that department
shall protect that information submitted to it from disclosure.
(2) Where a law provides that the approval of a government
agency is necessary as a condition for marketing of pharmaceutical or
agricultural products which utilize new commercial entities, the
submission of undisclosed text or other data, the origination of which
involves a considerable effort, the government agency shall protect
the data against unfair commercial use.
(3) In particular the government agency shall protect the data
against disclosure except where necessary to protect the public or
unless steps are taken to ensure that the data are protected against
unfair commercial use.
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