What is the scope of trade secret protection in India?
Trade secret protection in India is governed by the Indian Contract Act (ICA) of 1872 and the Protection of Trade Secret Act (PTS Act) of 2019. Under the ICA, individuals are protected against the misappropriation of trade secrets, while the PTS Act grants broader protection for commercial trade secrets. Under the ICA, trade secret protection takes the form of an injunction that prohibits a party from disclosing proprietary information without the permission of the other party or parties involved. The ICA also establishes liability for any persons who misuse trade secrets or unlawfully acquire them. The PTS Act of 2019 provides broader protection for trade secrets in India. It defines a trade secret as any information that is not generally known to the public, is not readily ascertainable by proper means, and has commercial value. The PTS Act provides for both civil and criminal remedies for use and misuse of trade secrets. Civil remedies include injunctions, damages, and the destruction of items derived from the trade secret. Criminal remedies include jail time and fines for individuals found to have misappropriated trade secrets. Under the PTS Act, the burden of proof lies with the party alleging the misappropriation. In sum, trade secret protection in India is governed by the ICA and the PTS Act. These two pieces of legislation provide both civil and criminal remedies for individuals found to have misappropriated trade secrets. Additionally, the burden of proof lies with the party alleging the misappropriation.
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