Protecting Trade Secrets in India

Abstract

Trade secret is the need of today's globalised economy. At times developers/inventors does not want to get the product/process patented, because of primary requirement of complete disclosure. Trade Secret is a one step solution to all such issues. Unfortunately, the concept of providing protection as trade secret has seen development in strong economies only. Through this paper authors would like to explain the reason why a trade secret should be made a part of IP regime. Intellectual Property is that branch of law jurisprudence regarding which is still in its developing stage in India. Time and again, Indian judiciary, by looking out to various foreign legislations and judgments, has tried to fill in that gap. The article will cite examples from the cases as they have been decided by the Indian Courts, while relying on the development of law by courts in European Union or in USA. One bold step was taken by the parliament in this regard, that is, National Innovation Bill 2008, but Bill lapsed without being tabled only, forcing the protection of trade secrets by other available legislations only. The paper also tries to provide some suggestions to remove the ambiguity and make a way ahead in this regard.