What is the scope of trade secret protection in India?

In India, trade secrets are covered under the Indian Contract Act, 1872 and Trade Related Intellectual Property Rights (TRIPS) Agreement. Trade secrets are considered confidential information and confidential information is broadly defined as “any information, the disclosure of which may be damaging to the legitimate interests of a business.” Trade secret protection in India covers both tangible and intangible information with economic value, such as customer lists and designs, manufacturing processes, know-how, inventions, and ideas. To receive trade secret protection, the information must be secret, have some economic value, and be actively protected by the owner. The scope of trade secret protection includes the right to prevent others from disclosing or misappropriating the confidential information. It also includes the right to seek compensation for damages caused by unauthorized disclosure, misuse, copying, or adaptation of the trade secret. In India, the courts will grant an injunction to protect a trade secret. Injunctions are court orders that prohibit the violation of certain rights, such as the right to keep a trade secret confidential. Injunctions are also available to prevent the use of trade secrets that have been misappropriated. In India, the breach of a trade secret obligation is a criminal offence and can be punished with imprisonment for up to three years, or a fine, or both. This means that in addition to damages, the injured party can also seek criminal prosecution of the offender.

Related FAQs

Are trade secrets protected in all countries?
What are the requirements for trade secret protection in the European Union?
How do you identify trade secrets?
Can trade secrets be protected through contracts?
What type of information is not protected by trade secret law?
What are the pros and cons of relying on a trade secret for protection?
What is the law on trade secrets in the United Kingdom?
How do you determine whether information is a trade secret?
What are some common examples of trade secrets?
What is the difference between a trade secret and a patent?

What is the scope of trade secret protection in India?

Related FAQs

Related Blog Posts