B.

Ilayanambi
BA0140022
TRADE SECRET PROTECTION IN INDIA
ABSTRACT
In this research paper, the researcher wants to explain the Legal regime of Trade
Secret Protection in both National and International perspective. The very first part of
this project address the present legal parlance of trade secret protection in India. The
trade secrets protection is fundamental to encourage innovative steps, foreign
investment and to promote healthy competition but detrimental to the concept of
Global Common. Trade secrets present the commerce a spirited edge over the
competitors and consequently one must ensure that he effectively protects his
business related confidential information from his competitor. Trade secret as a new
form of intellectual property is very important and it is gaining ample importance
because in the era of globalization, failure or success of any company depends on its
secrets let them be policies related secrets or Information of their clients. Through in
this research paper, the researcher is putting an effort to highlight the laws dealing
with trade secrets in India (Existing law for trade secret protection) and the other part
of this research paper offer an analyse on Trade secret under Paris Convention and
TRIPS agreement and the existing laws in US in order to improve the existing Trade
secret protection laws in India.
The concerns relating to the Indian trade secret protection regime as expressed in the
US Special 301 report stands on three planks, the first being that the extant regime is
less effective in addressing theft of trade secrets in situations where there is no
contractual relationship, the second concerns the difficulty in obtaining damages and
the third relates to lack of sufficient procedural safeguards to protect against
disclosure of trade secrets and other confidential information in civil or criminal
litigation. And there are other aspects in which trade secret affects the society, for
example Improvement in technologies. So this paper also discusses the merits and
demerits of the trade secret which is necessary in order to establish a clear and
definite policy. A Sui Generis system as provided under Article 39 of TRIPS
Agreement.
 REFERENCES
Articles
Victoria A. Cundiff, Reasonable Measures to Protect Secrets in a Digital
Environment, 49 Idea 359, 361 (2009)
Jhon R. Thomas, Cong. Research Serv., R41391, the Role of Trade Secrets in
Innovation Policy 2(2010).
Kumar, Abhinav; Mohanty, Pramit and Nandakumar, Rashmi, Legal Protection
of Trade Secrets: Towards a Codified Regime, Journal of Intellectual Property
Rights Vol 11, November 2006, pp 397-408.
Nomani, Md Zafar Mahfooz and Rahman, Faizanur; Intellection of Trade Secret
and Innovation Laws in India, Journal of Intellectual Property Rights Vol 16,
July 2011, pp 341-350.
1 Schultz, M.F and D. Lippoldt(2014), Approaches to Protection of Undisclosed
Information(Trade Secrets): Background Paper, OECD Trade Policy Papers, No.
162, OECD Publishing.
BOOKS
Ahuja v.k, Law Relating to Intellectual Property Rights, 693-703(2nd Edition),
Lexis nexis.
William van Caenegam, Trade Secrets and Intellectual Property, Wolters Kluwer
(Law&Business).

RESEARCH PLAN / RESEAECH OBJECTIVE

To analyse the concept of trade secret under Paris Convention and TRIPS
agreement
To examine the legal position of Trade secret protection in India
To analyse the existing trade secret protection laws in US
To analyze the reasons behind the Trade Secret infringement in India.
To find out the importance of Trade Secret Protection in India and a Sui generis
legislation for trade secret in India.

RESEARCH QUESTIONS
 Whether the trade secret protection laws in India are inadequate when compared
to US or not?
Whether the trade secret affects the improvement of new technologies and
societies through that?
Whether it is good to establish a Sui generis system for trade secret in India or not?
If Yes, Why?
Whether India has any obligations under International organizations?

RESEARCH METHODOLOGY
The researcher had selected the problem with a great interest keeping the significance
and impelling need of it in the intellectual Property Rights Protection in the present
conditions, circumstances, and socio-legal in mind. However, the methods adapted to
carry out the research work are in doctrinal in nature, descriptive, structural and
functionally analytical. The relevant material is collected from the primary and
secondary sources. The material informations are collected from legal and non-legal
sources like international legal instruments, statute, judgments, books of legal experts
of national and international repute, newspapers, law journals, law reports, internet
references and opinions of research scholars, academicians and other experts who
have dealt with this subject are used as a real contribution to this work.
TENTATIVE CHAPTERISATION:
Chapter-1
Introduction

Chapter-2
Legal position of trade secret protection in India
Concept of trade secret under Paris convention and TRIPS agreement
Chapter-3
Trade secret laws in US
Comparison between India and US
Chapter-4
Merits and demerits of Trade secret
Need for a separate legislation in India
Chapter-5
Conclusion