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JIPR Vol.11(6) [November 2006] >


Title: Legal Protection of Trade Secrets: Towards a Codified Regim
Authors: Kumar, Abhinav
Mohanty, Pramit
Nandakumar, Rashmi
Keywords: Trade secrets
undisclosed information
employer-employee conflict
Issue Date: Nov-2006
Publisher: CSIR
Abstract: Trade secrets protection has acquired increased significance in the present scenario especially in view of the opening up of the world market and enhanced competition worldwide. Moreover, the fact that trade secret protection is increasingly being preferred over patent protection as a method for protecting undisclosed information has added to its significance. This paper sketches the broad outline of the trade secret protection law that exists in India and highlights its inadequacy especially in view of the legal regime existing in other countries such as the US. The paper also focuses on the ambiguity of the common law remedy that is available for infringement of trade secrets which is manifested in the inconsistent line of principles laid down by the courts. It also deals with India’s obligation under TRIPS to legislate on the question of ‘undisclosed information’. The article attempts to underline the need to enforce a codified regime by analysing the law as it exists in various other countries.
Page(s): 397-408
ISSN: 0971-7544
Source:JIPR Vol.11(6) [November 2006]

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