What is the law on trade secrets in India?
In India, trade secrets are protected by the Indian Contract Act of 1872, which is applicable to all contracts in India. The Act states that any confidential information, which may include trade secrets, that is given by one party to another must be kept confidential and not be disclosed to any third party. The Indian Contract Act of 1872 prohibits any breach in secrecy between parties to a contract, and any breach of confidence if the confidential information could cause harm to the owner of the information. The Act further prohibits the wrongful use of any information received without the consent of the owner and offers remedies such as damages, injunctions and specific performance against such wrongful use. The Information Technology Act, 2000 also provides legal protection to trade secrets in India. It prohibits the damaging use of computer systems, and requires anyone who has access to sensitive information to maintain secrecy and confidentiality. The Act also covers intentional damages to the secrecy of the information and provides remedies such as compensation for any losses suffered. Lastly, the Indian Patent Act of 1970 also offers legal protection to trade secrets in India. It prohibits the appropriation of any trade secrets without the consent of the owner, and provides criminal sanctions for such misconduct. The Act also gives exclusive rights to the owner such as the right to use their trade secrets on a non-exclusive basis.
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