The Silent Asset: Trade Secret Protection Across Borders And Legal Systems
- IJLLR Journal
- Oct 3
- 1 min read
Pourush Mani Bhardwaj, Chandigarh University
Dr. Devinder Singh Anand, Assistant Professor, Chandigarh University
ABSTRACT
This research paper thoroughly examines the protection of trade secrets under the common law framework, focusing on the Indian context and global comparative viewpoints. Confidential business information, sometimes known as trade secrets, has become one of businesses' most valuable intangible assets as the global economy becomes more knowledge-driven. The analysis starts by outlining the unique characteristics and necessary conditions for information to be considered a trade secret, such as the need for confidentiality, independent economic value, and the application of appropriate secrecy safeguards. The legal theories supporting trade secret protection are evaluated in this paper, mainly based on common law property rights, contracts, and quasi-contracts. Furthermore, it examines key court rulings that have shaped confidential information laws in India and other well-known jurisdictions. These rulings cover topics such as fiduciary duties, breach of confidence doctrines, and the subtleties of third-party liability. WTO member states' responsibilities to align their domestic legal systems with international norms are highlighted by examining international viewpoints, especially those about the TRIPS Agreement. Additionally, the study examines issues with enforcement conundrums and legislative gaps, criticizes the current state of affairs in India, and suggests workable changes. The paper seeks to offer comprehensive insights into the changing secret trade protection landscape by comparing Indian laws with global best practices, highlighting its importance for innovation, economic competitiveness, and ethical business practices in an increasingly globalized world.
Keywords: Trade Secret, Protection, Common Law, WTO, TRIPS Agreement, Legal Systems
