Trade Secrets | Intellepedia

‘Trade Secret’ Law is Turning Out to be a Well-Kept ‘Secret’

The blog explores the lack of specific trade secret legislation in India, focusing on how confidential business processes are currently protected. It evaluates the stalled National Innovation Act, 2008, and its implications for intellectual property law.

Intellectual Property Protection for Computer Programs – Part II

This post explores the early use of trade secret law for protecting computer programs in India and its limitations. It discusses how legal and technological developments eventually necessitated a shift towards copyright protection.

Nature of Business and IP

The priority of intellectual property types varies with the nature of a business. For SMEs in India, a strategic approach to IP is crucial for success and resource optimisation.

Trade Secret Violation – A Hypothetical Indian Case Scenario

The post provides an analytical overview of trade secret violation in India, exploring legal remedies available in the absence of a specific statute. It discusses relevant case law, contractual protection, and the challenges faced by Indian businesses regarding confidential information.

Reasonable Measures for Secrecy

Reasonable measures are crucial for trade secret protection under Indian law. This post objectively analyses legal requirements, including confidentiality agreements, security protocols, and the role of industry norms. Reliance on practices alone is cautioned against.

Integrating Secrecy and Exclusivity to Gain Competitive Advantage

This post explores the strategic integration of patent and trade secret protection to secure competitive advantage for inventions in India. Key factors and legal provisions are analysed to guide optimal intellectual property decisions.

Secrecy Obligations of Employees

This article analyses the secrecy obligations of employees in India, with a focus on trade secrets and related court decisions. It explores how confidentiality and non compete agreements are treated by Indian courts and the principles derived from these cases.

Trade Secret Case Law Jurisprudence in India- 1

This post analyses a foundational Indian case on trade secret protection, demonstrating how courts recognise confidential business information. It discusses the legal significance of confidentiality agreements and technical documentation in trade secret disputes.

Trade Secrets Basics

The post analyses trade secrets protection, covering definitions, legal requirements, and typical enforcement mechanisms in India. It clarifies liability, defences, and the unlimited term of trade secret protection.

Data protection in India-Part I

This post reviews the Srikrishna Committee’s White Paper on data protection in India, outlining its structure and key legal issues. It sets the stage for further analysis focusing on privacy, intellectual property, and related rights.