trade secrets

India does not have a standalone statute governing trade secrets. Instead, trade secret protection is derived from a combination of contract law, equity principles, and common law doctrines. Courts typically enforce confidentiality through breach of contract claims, fiduciary duty violations, and tort-based remedies.

According to international standards outlined by WIPO, a trade secret refers to information that is:

· Commercially valuable because it is secret,

· Known only to a limited group, and

· Subject to reasonable steps to maintain secrecy—such as NDAs, access controls, and internal protocols.

Key features of trade secret protection in India include:

· No Registration Required: Unlike patents or trademarks, trade secrets are protected without formal registration.

· Unlimited Duration: Protection lasts as long as the information remains confidential and reasonable safeguards are maintained.

· Scope of Protection: Includes formulas, processes, customer lists, business strategies, and technical know-how.

· Legal Remedies: Misappropriation may be challenged through civil suits for injunctions, damages, or account of profits. Criminal remedies may apply under theft or breach of trust provisions.

· Limitations: Reverse engineering and independent discovery are lawful. Once disclosed publicly, protection ceases.

While India is a signatory to the TRIPS Agreement, which mandates trade secret protection, enforcement remains case-specific and reliant on robust contractual and procedural safeguards.