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Choice of Intellectual Property Protection - Biotechnologyical products can be protected by anyone of the four intellectual property rights discussed above. These properties can be bought, sold and licensed like any other property. Selection of the most appropriate mode of protection is a business judgement based on several factors which differ from case to case.

These include the following:
(i) Pace of technological development: if it is rapid then a trade secret approach may be preferable to patenting.

(ii) Associated costs: although the cost of secrecy may exceed the cost of obtaining a patent, but it may be more expensive to enforce the patent, so that one will have to decide, whether trade secret is a better protection.

(iii) Security considerations: it may be impossible to prevent disclosure of a trade secret, so that one may prefer rights other than secrecy.

(iv) Need to show patents: patents may have to be shown to investors as a measure of success.

The choice of protection also depends on the nature of subject matter that needs to be protected. For instance, an instruction manual can be copyrighted or also protected as trade secret, but can not be protected as a patent.