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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(4) [July 2011] >
| Title: | Intellection of Trade Secret and Innovation Laws in India |
| Authors: | Nomani, Md Zafar Mahfooz
Rahman, Faizanur |
| Keywords: | Intellection of trade secrets
Undisclosed information
Reverse engineering
Non-disclosure agreements
Non-compete clauses
Incremental innovation |
| Issue Date: | Jul-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The uniqueness of trade secret law is that it fits into the extensive
framework of contract, competition, innovation and intellectual property
rights. The trade secret doctrines are closely linked to the domain of tort and
criminal law although subject to different rationalizations. The remedial part
of the law is inconsistent with the cause of action. The varied nature of trade
secret calls for its holistic comprehension as a form of intellectual property.
An incentive based approach in granting legal protection to trade secret harnesses
the idea, inventions, and utility patent. This is best suited to varied
categories of innovators and inventors in a post liberalized Indian economy and
TRIPS compliance. The paper traces evolution and development of trade secret
law in a comparative perspective and critically analyses the potential impact
of innovation law on trade secret protection in the context of national
innovation policy and laws of India. |
| Page(s): | 341-350 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(4) [July 2011]
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