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From Common Law To Codification: The Future Of Trade Secrets In India




Rachcha Harshal Abhijit., BA.LL.B., ILS Law College, Pune, India


ABSTRACT:


Trade Secrets also can be termed as the intellectual capital of the rapidly expanding and innovation-driven Indian as well as Global economy. Despite India’s status as a signatory to the TRIPS Agreement, there is a want for a dedicated legal framework for trade secret protection. Using secondary research methodology, this paper critically examines the current legal landscape, primarily the judicial precedents, and the limitations of the existing protection available via contract law, criminal law, equity-based jurisprudence, etc. It highlights upon the obligations under Article 39 of the TRIPS Agreement and gives a nuanced overview of the Law Commission’s 289th Report concerning Trade Secrets. The Paper reiterates upon the imminent need for comprehensive legislation for the protection of sensitive commercial information given the rising digital threats and international competition.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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