Protection of ‘Clue of the Novel’ Under Trade Secret Law
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Abstract
A clue is an object or piece used to find a solution. It has three elements: a hint, the condition of the answer, and the answer itself. The clue in a novel consists of complicated data used to deduce the answer and the condition of that answer. For a novel’s clue to be protected as a trade secret, it must not reveal the condition of the answer in order to maintain its secrecy. This secrecy piques the reader’s interest by keeping elements undisclosed and is supported by a secrecy policy that makes it difficult to deduce the answer. Under the Trade Secret Act B.E. 2545, Article 6, infringement occurs when the clue’s answer is revealed before the right holder has resolved it. However, guessing the answer to the novel’s clue without undermining the right holder’s intended solution does not constitute infringement, preserving freedom of expression and allowing for independent discovery as stipulated in Article 7 of the Trade Secret Act B.E. 2545.
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