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Protecting Formulas

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This is only an excerpt of the full article that appeared in P&F Magazine. The full content is not currently available online.

Still, the industry is always keen on cooperating with customers and regulators while remaining as transparent as possible in the interests of public health and safety. Wherever the questions and requests come from, there are strategies available to IP owners for avoiding or minimizing disclosures, responses that can be narrowly focused to address only the specific information the requester is seeking.

Limited Formula Disclosures

In January 2007, the IP task force of the Regulatory Affairs Committee of the US Flavor and Extract Manufacturers Association (FEMA) released a white paper called “Strategies for Limited Flavor Formula Disclosures.” The document stated that, “Trade secret laws protect any formula, pattern, device, or compilation of information that provides a business advantage for the owner.” And because IP law tends to be a largely civil matter, it is the responsibility of the IP owner to defend it and remedy any misappropriations.

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