Strengthening Trade Secret Protection For India’s Food Industry
- IJLLR Journal
- Apr 10
- 1 min read
Updated: Apr 12
Himanshu Rana, Amity University, Noida
Dr. Amit Dhall, Faculty of law, Amity law School, Noida.
ABSTRACT
This research paper discusses the necessity of safeguarding trade secrets in the food business, with an emphasis on how India does not yet have a dedicated law for the protection of trade secrets. Trade secrets like recipes, processes, and business methods are crucial to a company's success, providing it with a competitive edge. However, India's current legal system with dependency on contracts and common law is not adequate to completely safeguard these secrets. The paper contrasts India's strategy with the USA's strong trade secret protection legislation, such as the Defend Trade Secrets Act and the Economic Espionage Act, which provide more precise definitions, more effective enforcement, and criminal sanctions. The paper suggests that India must create legislation that explicitly protects trade secrets, provides criminal penalties for trade secret misappropriation, establishes enforcement practice, and promotes best practices in the industry such as employee training and cybersecurity. It also discusses judicial reforms to reduce resolution processes in cases. The entire paper recommends concrete steps toward trade secrets to enhance protection of trade secrets and improve innovation and foreign investment while providing competitors with an efficient means of competition in India's food industry.
Keywords: Trade Secret, Defend Trade Secret Act, Espionage Act, Recipes, Competitive edge, Contracts, Common Law, Criminal Sanctions, Employee training, Judicial reforms, Misappropriation, Cybersecurity, Foreign Investment, Food Industry.
