Question
You are the CEO of a company which holds a patent on a specific chemical reaction process that converts meat by-products to marine fuel oil.
You are the CEO of a company which holds a patent on a specific chemical reaction process that converts meat by-products to marine fuel oil. Your patent was filed in Germany and is still valid for another 15 years. Your company now wants to expand into the country of Helukia, which has recently signed the TRIPS agreement (like Germany).
Your business intelligence has identified a Helukian government arsenal which produces and sells marine fuel oil at the capital's harbor using your chemical process. Even after you hire external experts to analyze the marine fuel oil produced by the arsenal, they attest to you that it is impossible to have produced their product by any other means, but your patented process.
You initiate a lawsuit for patent infringement with the Helukian capital's district court.
Name three valid remedies (approaches how the patent infringement could be cured) that you could claim for and describe their outcome on both you and the defendant party?:
What would be your line of argumentation against the claim that the process in fact cannot be considered a trade secret by the Helukian government (5 points)?
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