Act 2 Trade Secrets Protection Act 2009 9. Right to assign, transfer or license. (1) A person entitled to the benefit of a trade secret may assign, transfer or license the right to that trade secret, wholly or partially and generally or subject to territorial limitation. (2) In the case of a licence arrangement, the licensee, is obliged to protect the trade secret against disclosure other than as authorized under the contract and has the same rights as the owner against unauthorized disclosure. 10. Rights and obligations to be set forth in contract. In each case of assignment, transfer or licence the rights and obligations of the parties shall be stated in a written contract and signed by the owner of the right or by a person authorized by him or her for that purpose and by the person to whom the rights are being assigned or transferred or licensed. 11. Information furnished to a government department. (1) Where information that would otherwise be a trade secret is required to be furnished to a government department, that department shall protect that information submitted to it from disclosure. (2) Where a law provides that the approval of a government agency is necessary as a condition for marketing of pharmaceutical or agricultural products which utilize new commercial entities, the submission of undisclosed text or other data, the origination of which involves a considerable effort, the government agency shall protect the data against unfair commercial use. (3) In particular the government agency shall protect the data against disclosure except where necessary to protect the public or unless steps are taken to ensure that the data are protected against unfair commercial use. 8

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