Protection of Secret Traditional Knowledge and Associated Genetic Resources During Litigation and Mediation

Trade secret is a favoured medium for the protection of traditional knowledge and associated genetic resources. The ease of using trade secrets is seamless as no registration is required, rather, the commercially relevant tradition and/or the use of associated genetic resource(s) should be kept secret and practically protected to benefit from trade secrets protection designed by Article 39(2) of the 1994 TRIPs Agreement and the relevant national provision. In addition to the ease of initiating a trade secret, trade secrets can be protected at no significant cost. This article will examine the kinds of traditional knowledge and associated genetic resources that can be protected by trade secrets and the precautionary measures that can be taken for the protection of such trade secrets before, during, and after litigation or mediation.