top of page

Trade Secret Litigation Of Intellectual Property Rights: Critical Analysis Of Legal Challenges




Tanvi Bang, School of Law, Narsee Monjee Institute of Management Studies, Bengaluru


ABSTRACT


The purpose of this study was to investigate the intricate link between trade secrets and intellectual property rights, as well as to offer light on the problems, techniques, and legal issues involved in information protection. In today's corporate world, discretion is essential. A trade secret is a valuable type of intellectual property that comprises sensitive company knowledge that offers you a competitive advantage. Unlike patents, copyrights, and trademarks, trade secrets are typically secured by non-disclosure agreements and other commercial arrangements rather than registration with government bodies. This novel defence mechanism raises concerns about the synergy and potential conflict between trade secrets and traditional intellectual property rights. Trade secret protection is the safeguarding of sensitive or valuable company information against unauthorised disclosure or use by a rival. This topic overlaps with intellectual property (IP), however it is distinct from patents, copyrights, and trademarks. Building formulae, procedures, client lists, and marketing tactics are all examples of trade secrets. Trade secrets, unlike typical intellectual property rights, are founded on secrecy rather than public records. To preserve trade secrets, businesses must establish tight security measures, non-disclosure agreements, and containment agreements. Remedies for embezzlement are provided by legal frameworks such as the Uniform Trade Secrets Act. In today's competitive business world, it is critical to strike a balance between the need for innovation and competitiveness and the protection of trade secrets.


Keywords: Trade secrets, Intellectual property, Complex relationships, Uniform Trade Secrets Act, Corporate Discretion, Non-disclosure Agreements, Protection.

Комментарии


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page