Bharath Gaikwad R and Ishwarya S, B.B.A., LL.B. (Hons.), School of Law, SASTRA Deemed – to – be – University, Thanjavur, Tamil Nadu, India
ABSTRACT
This research paper explores the legal framework governing trade secrets in India, focusing on its development, application and challenges. In India the protection of trade secrets is not governed by standalone statute but rather by combination of common Law principles, contractual obligations and relevant provisions under intellectual property Laws. It examines the evolution of trade secret protection in India, emphasizing the lack of specific trade secret Law, the reliance on general principles of contract Law and employment agreements. The study assesses how Indian Intellectual Property Laws such as the Copyright Act and the Patents Act address certain aspects of trade secret protection but not a detailed coverage on these Laws. The issues focused on are difficulties in enforcing trade secret protection under the existing legal framework. Without specific legislation, businesses often face challenges in securing their confidential information against unauthorized use and disclosure. To investigate the existing mechanisms for trade secret protection in India and their effectiveness in safeguarding confidential business information. The findings is that while current mechanisms offer some protection, they are often insufficient and fragmented. The lack of a specific trade secret statute results in challenges related to enforcement and protection, particularly in trade secret theft and misappropriation. This paper concludes by recommending the introduction of trade secret statute in India. Such Law would provide clear definitions, comprehensive protection and standardized enforcement mechanisms for trade secrets. The proposed legislation would bring Indian trade secret Law with international standards, enhancing businesses capacity to protect their confidential information and encourage innovation. This Research Paper highlights the key elements for the legislation.
Keywords: Copyright Act, Patent Act, Trade Secrets, Common Law Principles, Intellectual Property Law.
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