Trade Secrets Under Trips Agreement And Indian IP Law

Uditi Patel, Amity Law School, Noida

ABSTRACT

Trade secrets, a form of intellectual property but are not statutorily protected in many countries, may prove to be ephemeral because once it's lost, they are like the proverbial horse that leaves the barn, impossible to put back. In the present digital era of information, including the trade secrets being stored and disseminated in electronic format, the ease with which trade secrets are lost is daunting1. As the importance of trade secret protection is increasing nowadays, it has taken precedence over protection through the patents. Agreement on TRIPS (Article 39) includes the direct provisions that are directed towards increasing the protection of trade secrets. Prior to all these agreements, Article 10bis of the Paris convention (covering the unfair competition) provides support for the international standards of trade secrets protection but there lacks a comprehensive international treaty in the line of the patent, copyright and trademark law. The nature of trade secrets is very hard to define in a subtle term and in a comprehensive manner. In this sense, trade secrets are the most difficult form of intellectual property to protect due to the prolonged secrecy and confidentiality. Owners of the trade secrets maintain their confidentiality under the legal provisions that are available and claims for injunction for the unauthorised use and the dissemination of trade secrets and the recovery of the damages. And also, the person who leaks trade secrets can also face criminal charges for breaking confidentiality. There are some internationally recognised regulatory bodies at the global level which has played an important role in the promotion and reorganising protection of trade secrets, and one of such bodies is World Trade Organization. The member nations inside the World Trade Organisation are the signatories of the TRIPS agreement, and these agreements are one of the important agreements which promote the protection of trade secrets. Also, World Intellectual Property Organization (WIPO) also provides for the protection of trade secrets.