M
Martin Brown
Guest
On 03/05/2023 23:10, Ricky wrote:
That isn\'t what a trade secret means in UK law. It is typically some
non-obvious trick during manufacture that achieves something that could
not otherwise be done but isn\'t worth the effort of patenting (or for
some reason the senior IP gurus decided not to bother).
Weird recipes for coating the insides of Faraday collectors and making
insanely high value precision resistors spring to mind where not only
are there hidden trade secrets but only a handful of people on the
planet know them or are able to implement them properly.
I don\'t think you can do much even in US law about someone determining
the specification of the device and then implementing a pin compatible
and possibly better product from scratch. Intel x87 vs Cyrix FasMath and
Intel x86 vs NEC V30 spring to mind.
Yes, but merely by not telling them how it is done.
Chemists of old would ask their assistant to get several reagents down
from the shelf take them to a small back room close the door mix up a
brew and return with it. This was one of the origins of trade secret -
at least some of the \"ingredients\" would ruin the intended product.
Only the master knew which ones until he was ready to retire (like the
Coke-Cola recipe). Production in chemical plants and (computer board
manufacture had house codes for chips too). ISTR A = 7400 and D = 7474
--
Martin Brown
On Wednesday, May 3, 2023 at 5:41:00â¯PM UTC-4, Martin Brown wrote:
On 03/05/2023 18:53, Lasse Langwadt Christensen wrote:
onsdag den 3. maj 2023 kl. 17.54.04 UTC+2 skrev Ricky:
I know that some regions provide the right of a consumer to
reverse engineer products they have bought. As an example, the
EU provides for this right. In the US, not so much. If a
supplier provides a board level component to an OEM, the
consumer has the right to reverse engineer the product
supplied. How does this convey to the board level component?
For example, a product is sold for office use, which contains a
small circuit board to convert power from the 12VDC input, to
the various voltages required. This power circuit board
contains a CPU/DSP, which controls the power conversions, and
communicates with the rest of the system to enable/disable
sections, and report status.
Will this power circuit board, being made by a company separate
from the OEM supplying the product, be under obligation to
allow reverse engineering of its product? If so, is this true,
even if the product is not produced in the EU?
Is there any way for the manufacturer of the power circuit
board to prevent legal reverse engineering of their product in
the EU?
Likewise, what rights apply to a similar situation, where the
IP under question is in a chip level device? Is this any
different? It hard to imagine a chip level device being reverse
engineered by an end user.
as long as you have legally obtained a product you can reverse
engineer it as much as you like
Some software contracts for example contain an undertaking not to
reverse engineer or decompile (not that it discourages anyone from
doing it). Sometimes it is the only way to find out what is going
wrong in a defective system library function once you have isolated
the fault.
I wonder if such a \"contract\" overrules the EU laws? In the US, the
third way of protecting IP is \"trade secret\". Is requires a signed
agreement by anyone you sell to, to retain the confidentiality. I\'m
thinking it does not provide protection from reverse engineering.
That isn\'t what a trade secret means in UK law. It is typically some
non-obvious trick during manufacture that achieves something that could
not otherwise be done but isn\'t worth the effort of patenting (or for
some reason the senior IP gurus decided not to bother).
Weird recipes for coating the insides of Faraday collectors and making
insanely high value precision resistors spring to mind where not only
are there hidden trade secrets but only a handful of people on the
planet know them or are able to implement them properly.
There is little expectation of anyone reverse engineering this
design, unless they suspect an infringement of IP. These products
are not sold to \"consumers\", but rather industry and government. So
I expect the \"rights\" are a bit different. We have a confidentiality
agreement, which covers distribution of actual IP, but not the design
itself.
I don\'t think you can do much even in US law about someone determining
the specification of the device and then implementing a pin compatible
and possibly better product from scratch. Intel x87 vs Cyrix FasMath and
Intel x86 vs NEC V30 spring to mind.
Anyone use trade secret to protect their IP?
Yes, but merely by not telling them how it is done.
Chemists of old would ask their assistant to get several reagents down
from the shelf take them to a small back room close the door mix up a
brew and return with it. This was one of the origins of trade secret -
at least some of the \"ingredients\" would ruin the intended product.
Only the master knew which ones until he was ready to retire (like the
Coke-Cola recipe). Production in chemical plants and (computer board
manufacture had house codes for chips too). ISTR A = 7400 and D = 7474
--
Martin Brown