C12 Bussiness Law Assigment 4

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Date Submitted: 08/28/2015 09:23 AM

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Coca-Cola Company’s efforts to keep its soft drink formula a trade secret over the course of the company’s (and the soft drinks) one hundred-year-plus history is definitely something to admire. Much hype has surrounded the new placement of Coca-Cola’s secret formula. In 1925, the secret formula was placed in a bank’s vault, where it remained for decades. In December 2011, the vault holding the secret formula was made visible at the World of Coca-Cola. Bear in mind, only the vault was made visible. It is unlikely that Coca-Cola will ever reveal the actual formula. Coca-Cola has one of the best-kept secrets for over a century now. Because of it, Coca-Cola is the global leader in the beverage industry. Its trade secret for the formula of one of the most popular soft drinks in the United Sates is worth millions of dollars. A trade secret is an explicit protection that accrues to an inventor or creator of some intangible asset. Common examples of trade secrets include customer lists, chemical formulas, inventions, business plans, etc. The primary means for protecting trade secrets is through contracts usually non-disclosure agreements. Since Coca-Cola allows very few people in the company access to the formula and takes active measures to ensure its trade secret is safe, it has been successful in keeping the formula from the public. However, keeping a secret can pose challenges as Coca-Cola experienced in 2006 when its employees stole documentation containing propriety information and gave it to rival PepsiCo. Fortunately, PepsiCo reported the incident. The incident, however, caused Coca-Cola to review and revise its security procedures. While competitors may try to emulate the formula, chances of getting the formula exactly right are slim. However, one of the disadvantages of trade secrets is the fact that others can even try to concoct the same solution. Although, in the unlikely event one were to concoct the very solution Coca-Cola uses, the value would not be as...