Antitrust Regulation And The Paradox Of Trade Secrets: Balancing Innovation, Market Power, And Competitive Fairness (Focused On National And International Perspectives With Emphasis On The Role Of CCI
- IJLLR Journal
- Mar 11
- 1 min read
Deesha Sarmah, Amity Law School
ABSTRACT
Trade secrets are crucial to maintaining a competitive edge in the global economy, encompassing confidential information that provides economic benefits due to its secrecy. They include formulas, business strategies, and technical processes, and their protection is essential for business growth and innovation. The protection of trade secrets is indefinite as long as confidentiality is maintained, but common law provides limited safeguards, necessitating robust legislative intervention. The TRIPS Agreement and Article 39 set the framework for protecting undisclosed information, promoting fair competition, and enabling businesses to prevent unauthorized use of proprietary knowledge. My paper will reflect the integration of trade secret protection is vital across industries, including manufacturing, research, and service sectors, fostering innovation and securing business value. However, the dichotomy between intellectual property rights (IPR) and competition law creates tensions, as IPR can potentially stifle competition. To resolve this, clear trade secret laws, such as those in the United States under the DTSA, are crucial for ensuring fair practices while protecting business interests. India, in the era of globalization, must strengthen its trade secret laws to stay competitive and encourage innovation.
Keywords: Trade secrets, intellectual property rights, TRIPS Agreement, competition law, business innovation, legislative protection, globalization, United States, Defend Trade Secrets Act, India.
