What are Trade Secrets?
Trade secrets include formulas, processes, designs, or business strategies that provide a competitive advantage. Unlike patents or copyrights, trade secrets are not publicly disclosed.
Protecting Trade Secrets in India
Non-Disclosure Agreements (NDAs): Legally binding agreements to maintain confidentiality.
Employment Contracts: Include confidentiality clauses.
Physical and Digital Security: Protect sensitive data with restricted access.
Legal Remedies for Trade Secret Breach
Injunctions to stop misuse
Damages for losses incurred
Criminal liability under Indian Penal Code in some cases
Insight: Trade secrets remain protected as long as confidentiality is maintained. Once disclosed publicly, protection is lost.
FAQs
Q1: Are trade secrets protected by statute in India?
A1: India has no specific law; protection is via contract law, equity, and IPC provisions.
Q2: How long can a trade secret remain protected?
A2: Indefinitely, if confidentiality is maintained.
Q3: Can employees disclose trade secrets after leaving?
A3: No, if bound by NDAs or contractual obligations.
Q4: How to enforce trade secret rights?
A4: Civil suits for breach of contract or injunctions.
Q5: Are trade secrets considered intellectual property?
A5: Yes, as a form of confidential business information.
