A Comparative Study Of The Laws Pertaining To The Protection Of Trade Secrets In India, U.S., U.K., And E.U.
- IJLLR Journal
- 1 day ago
- 1 min read
Deepthi P D, LL.M in Intellectual Property and Trade Law, Christ (Deemed to be University), Bangalore.
ABSTRACT
Trade secrets constitute a crucial component of intellectual property, offering protection to confidential business information that holds commercial value. With the rise of a knowledge-driven economy, safeguarding trade secrets has gained unprecedented significance, particularly in cross-border contexts where businesses operate under divergent legal regimes. This paper undertakes a comparative analysis of the laws pertaining to the protection of trade secrets in India, the United States, the United Kingdom, and the European Union. It traces the historical evolution and conceptual foundations of trade secrets, examines legislative frameworks, and analyzes judicial interpretations shaping the scope of protection across jurisdictions.
The study adopts a doctrinal and comparative methodology, relying on primary legal sources, case law, and secondary scholarly materials. It addresses four core research questions: the definitional and legislative contours of trade secrets; judicial interpretation in the selected jurisdictions; existing gaps in India’s framework; and the best practices that may inform a robust statutory regime for India. The paper suggests the introduction of a comprehensive Indian trade secrets law drawing upon global best practices, explicitly defining key concepts, harmonizing remedies, and ensuring procedural safeguards. Such a framework would align India with international standards, enhance innovation protection, and facilitate cross- border commercial confidence.
Keywords: Trade Secrets, Confidential, Information, Commercial Value.
