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A COMPARISON OF TRADE SECRET LEGISLATION IN INDIA AND THE WORLD
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Article Details
A COMPARISON OF TRADE SECRET
LEGISLATION IN INDIA AND THE WORLD
AUTHORED BY - MANNAT SINGH SAINI
STUDENT AT CHRIST UNIVERSITY, DELHI
NCR
MANNAT.SINGH@LAW.CHRISTUNIVERSITY.IN
CO-AUTHOR -VAISHNAVI DUBEY
STUDENT AT CHRIST UNIVERSITY, DELHI
NCR
MANNAT.SINGH@LAW.CHRISTUNIVERSITY.IN
ABSTRACT
The world
now a days has become more open and inclusive. The development of technology has
led to the invention and creation of new
ideas in an easier and faster way. This relates in the field of business and
trade also. Parallely there was a
significant increase in cases related to
stealing of trade secrets across the globe because there was no legislation
related to such fields . As a result, it becomes imperative for all the
countries across the globe to come up with legislation related to the same. In
India , the development of trade secret laws comes at a very later stage in
comparison to developed nations. The trade secret laws are imperative in the
sense that it provides protection to safeguard sensitive and commercially
valuable information. The researcher tries to trace down the evolution ,history
and development of trade secret law in
India and also discusses the national innovation policy which for the first
time discusses trade secrets in India. Recently India also has passed National
intellectual property rights policy ,2016 which discusses about the trade
secrets in detail This paper also throws light on various legislations related
to trade secrets across the world. The paper also sheds light on the comparison
between trade secret laws of India and USA.
The international agreement was formed by the name of TRIPS which was
the first multi-lateral agreement signed by various members of the WTO(World
Trade Organization) which was based on the principles of standards enforcement
and dispute settlement. This agreement provides special transition rules to the
developing nation which lacks trade secret legislation. This research
paper also discusses the important of
trade secrets in industry sectors and also highlight the centrality in domestic
and international law-making policy . the researcher also highlights the
significant points which can be taken from the developed nation while framing
the trade secret laws in india.
Intellectual property
refers to the creation of human intelligence that is Shielded by the law from
illegal use. Intellectual property is generally Non-physical property that is
the result of original thought[1]. The four
main kinds of Intellectual property are copyright, patent, trademarks, and
trade secrets. Typically, rights do not cover the control of an abstract,
non-physical entity; rather, they cover the presentation of ideas through
physical manifestations. By enforcing and granting legal rights to create and
manage physical instantiations, Intellectual property law safeguards a content
creator's interest in their ideas[2]. IP is
essential to the modern economy. Additionally, it has been unequivocally proven
that the intellectual labor related to innovation deserves to be given the
respect it deserves in order for it to serve the greater good[3]. The term
intellectual property was born when the ideas of copyrights and patents were
evolving. The concept of intellectual property has remained an evolving and
dynamic concept , especially with the development of technology. The narrative
surrounding intellectual property rights (IPR) in India is quite complex .
While innovation and the promotion of art and culture are heavily emphasized, the
"protection" of these inventions, particularly in the creative
business, is rather lacking. India's IP score has increased by 13%, but
according to the International IP Index, 2022, India still ranks 43rd out of 55
nations. The US-India Business Council conducted research that found that, in
recent years, piracy alone has resulted in an 11% employment loss in the Indian
film business[4].
AN INTRODUCTION TO INTELLECTUAL
PROPERTY RIGHTS
Intellectual property as defined by
the WIPO is “creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce.” the industries
uses their intellectual property rights for the enforcement of patents,
trademarks and copyrights and customers use to enforce that they are purchasing
safe and guaranteed products. Intellectual property rights is governed under
Patents act 1999, Copyright act 1957, Design act 2001, Trademarks act,2001, .
on several grounds, trademark infringement is punishable by imprisonment and a
fine under the Trademark Act of 1999 as enumerated in Sections 103–108. Police officials are also
given the right to search and seize property under Section 115. However, under
S. 115(4), "Provided that the police officer shall get the opinion of the
Registrar on facts implicated in the offence relating to trade mark and shall
abide by the opinion so obtained," before undertaking any search or
seizure. This clause has a catch for police officers before they do anything of
the nature. Transgression of copyright
are punishable by imprisonment under Sections 63 to 69 of the Copyrights Act of
1957.
Intellectual property theft refers to
the idea of stealing someone's intangible
property such as trademarks, copyrights, ideas, inventions or any
innovations they create. The term theft used in the intellectual property is
mis correctly used as it is incorporeal and intangible in nature..A corporation
may suffer significant financial loss as a result of IP theft. In the
long-term, it may lead to slower corporate growth and a loss of competitive
edge. Most intellectual property theft cases involve the federal government.
Companies or people who can identify the thieves of their intellectual property
may bring them to court, and in certain situations, the culprits can be punished
severely. These include penalties, jail time, civil charges, license
suspension, etc.
BRIEF
ON TRADE SECRETS
In this technology dominated world,
it is very difficult to hide and maintain confidential information about trade
information. In this market dominance world, trade secrets are considered to be
the most important kind of intellectual property as it is more individualistic
as compared to other kinds of IPR. The restatement definition of trade secrets
is as follows:
It includes any formula pattern
device or collection of information which gives a person opportunity to obtain
gain over his competitor. For example, the pattern of a machine or a discovery
of chemical formula. In more laconic terms, trade secret is almost everything
and anything useful to a business which is not generally or easily or
immediately available to the members to trade[5].
A trade secret is described as a legal claim that arises in favor of the party
asserting it by preventing others from using it and also by preventing the
disclosure of confidential information.
As a result, it forces the owner of
the intellectual property to disclose the idea in advance with other employees
and secures the knowledge that the other side is not free to take without
compensating the owner of the property. Employers are granted the authority to
sue an employee only for breach of the terms of the negotiated employment
agreement in such a situation of disclosure of confidential information. The
concept of trade secret law is peculiar because it can fit easily into the
framework of competition ,innovation and
intellectual property rights[6]. In india
there is no primary legislation based on trade secret laws and it is primarily
based on law of contracts.
There are two theories which defined trade secret as property:
?
Exclusivity Theory - The main
characteristics of a property is that one who owns the property has the right
to use the same to the exclusion of others. As mentioned by supreme court of
california, that owner of a trade secret is only protected when they use trade
as an improper means. There are many ways by a trade secret can be used
exclusively as a property.
?
Integrated Theory - This theory reflects
and focuses on the acquire , use and dispose of the property .this theory
states that trade secret are property because they are obtained as a result of
the actions of the trade secret as the discoverer can make their own use of
their information .but this theory fails miserably as the two people cannot use
and acquire the same trade secret.
A company or an organization must follow
trade secret management so as to protect their sensitive information from being
stolen . the trade secret management may include
- To develop a system which can recognise trade secrets.
- To initiate an information
security policy which includes a trade protection society.
- To discuss with the employees
related to trade secrets .
- By mentioning the clause of
trade secrets in the contracts
- Management and regulation of the
office and keeping confidential information.
- Maintaining high and tight security passwords.[7]
The stealing of trade secrets can
mainly performed in three ways namely,
- If somebody is giving access to business
information to which he has no
authorization.
- By disclosing
information to third parties.
- By misuse of
information by the employees who are either leaving or joining the company
or organisation.[8]
EVOLUTION AND DEVELOPMENT OF TRADE
SECRET LAWS
Similarly,
to many other kinds of intellectual property protection, the protection of
trade secrets has a long history. Some contend that the origins of trade secret
preservation date back to Roman times, when there were prohibitions against
corrupting another's slaves. Presumably, the corruption was designed to expose
the slave owner's secrets held by the slaves. As a kind of protection for the
guilds, there is evidence that trade secret laws existed throughout the
Renaissance. During the industrial revolution, the later statutes constituted
the basis for the growth of trade secret law, and therefore the forerunner to
present trade secret law.
Later,
generally between the early and mid-19th century, Anglo-American jurisprudence
followed suit. There is empirical evidence that, in contrast to patent law,
trade secret doctrine has shown to be particularly valuable to small
enterprises. This is likely owing to the cost of alternative forms of
intellectual property protection and the economic consequences of a small
business's secrets being disclosed. Modern trade secret law in the 20th century
has its origins in the Restatement of Torts (1939).
The
concept of intellectual property goes back to the 1700s when patents and
copyrights came into existence and the phrase intellectual property was
created. Especially with the advent of new technology, the idea of IP theft has
evolved substantially over time. From manufacturing methods and ideas during
the industrial revolution to cyberattacks and threats in the twenty-first
century, IP theft has seen several transformations throughout time. The
emergence of trade secret came in india in late 1970s when the government of
the india ordered the coca cola company to share their secret formula.[9]
With coming the era of liberalization and privatization , india became the
member of WTO and as a result ,it signed the trips agreement in 1994.the trips
agreement makes it obligatory for all the participating countries to protect
trade secret under article 39 of the TRIPS agreement.India by virtue of article
253 enacted laws related to trips agreement but fails to enact any law related
to trade secret. With increase in the number of trade secrecy cases, Indian
government came up with national innovation bill,2008 which contained some provisions
of trade secrecy. With the advancement of technology , it becomes very
difficult for Indian judiciary to handle cases related to trade secrets
especially when there is dearth of a specific legislation. However, after remaining silent for almost 8 years ,
there was the formulation of National Intellectual Property Policy,2016 which
in brief talks about trade secrets.
TRADE
SECRET LEGISLATION IN INDIA
In this technology dominated world, it has
become very essential for business organization to maintain confidential so as
to prevent leakage of information .Since there is no effective legal framework
in employee contracts that safeguards the company's trade secrets both during
the duration of their employment and after it has finished, trade secrets is
one of the most underused sectors in India. One of the concepts expressed in
the case of Attwood v. Lamont[10],
is that a master is not allowed
to prevent his servant from engaging in competition after the decision or
termination of employment, although he is entitled to reasonable protection
against the exploitation of Trade Secrets to safeguard them. In India, trade
secrets are primarily safeguarded through contract law or the equitable
doctrine of violation of confidence.[11]
?
The Indian Contract Act, 1872.
The law relating to trade secrets is
governed under Section 27 of the Indian Contract Act, 1872. The
agreement in restriction of commerce is specifically covered in this section.
According to the clause, any agreement that prevents a person from engaging in
a legal profession, trade, or business of any sort is, to the degree specified,
void. This provision was
applied in the case of Brahmaputra Tea Co v. E. Scarth[12]
where the servant was restrained from competing for a period of five
years after the period of 5 years. In Saltman Engineering Co. Ltd. v. Campbell
Engineering Co. Ltd,1948[13],
it was held that on the principle of equity and trust that have been disclosed
on the breach of contract and this will apply to only those information which
require the element of confidentiality.
?
SEBI (Securities and Exchange Board of India)
SEBI (Prohibition of Insider Trading)
regulations were released in the
year 1992. Under the Regulations of that act, insiders are now protected if
they disclose or use the confidential information. This act also formalizes the
duty of confidentiality which results from an insider's relationship with the
business and at times it may protect knowledge that qualifies as a "Trade Secret."
According to a case study, the SEBI
Act of 1992 and the other regulations are sharply concerned with issues like
insider trading, fraudulent business practices, and professional misconduct
since they are really harmful to the interests of regular investors. There is
no such punishment for those who indulge in such activities.
?
IT Act, 2000
The Information Technology Act of
2000 (IT Act), which defines the scope of access that a party may have to data
stored on a computer, computer system, or computer network, has provisions
relating to cyber and related IT laws in India.[14]
However, the provisions of the IT Act do not address the need for a strict data
protection law to be in place.
In order to address the issue of
Cyber Crime, this act has recently been amended by the parliament. After the
amendment, two provisions have been added in the act which are related to the
legal framework for Data Protection. The provisions added to the act were
Section 43A[15]
and 72A.[16]
The amendment of this act did not
define the meaning of "Sensitive personal data or information",
rather it just says that it refers to the
personal information that the Union government prescribes after
consulting with the professional associations or groups if it deems
appropriate.
In Burlington Home Shopping Pvt. Ltd. v. Rajnish Chibber[17],
the Delhi High Court ruled that a computer database of
customers constituted of literary work was to be protected by
Copyright law. Over three years, the Plaintiff, a mail order corporation, spent
time and money compiling a client and customer list. The ex-employee Defendant
used the database to contact plaintiffs' customers. Despite its lack of
competence, the High Court ruled that the database constituted a literary work.
Thus, the Court upheld the "sweat of the brow" doctrine for copyright
database protection. The High Court determined defendant stole
the plaintiff's trade secrets.
Lord Green's views in the Saltman case influenced
Indian case Emergent Genetics v.
Shailendra Shivam and Ors, 2004. Lord Green stated: Apart from the
contract, the secret information must have the required character of
confidence, namely, it must not be public property and public knowledge. On the
other hand, it is possible to have a confidential document, such as a formula,
plan, sketch, or something else, that is the result of work done by the maker
on materials that may be available to anyone, but it is confidential because
the maker used his brain and produced a result that can only be produced by
someone who goes through the same process.
In Emergent Genetics v. Shailendra Shivam and Ors, 2004 before the
High Court of Delhi in New Delhi, the defendants were a group of ex-employees
who allegedly stole germ plasm from the Plaintiff and generated a new cotton
hybrid variety with the same genotypic traits. Based on breach of
confidentially, the court barred the defendant from promoting and selling the
cotton hybrid seeds. This case is still ongoing.
In Tata Motors Limited vs State of Bengal, 2008,[18]
the High Court of Kolkata defined a “trade
secret” as a formula, gadget, procedure or other commercial knowledge that
is kept hidden to gain an advantage over rivals. The information contains a
formula, pattern, technique or process:
?
that is not easily ascertainable by those who may benefit
economically from its use.
?
that is the subject of reasonable attempts, given the
circumstances, to preserve its confidentiality.
The High Court of Bombay, in addition
to the aforementioned, has also given down the following requirements in Bombay Dyeing and Manufacturing Company Ltd
vs Mehar Karan Singh, 2010[19]
for any piece of knowledge to be regarded a trade secret:
?
the extent to which the information is known outside the business;
the extent to which it is known to employees; the precautions taken by the
trade secret holder to guard the secrecy; the savings affected and the value to
the holder in having the information as compared to competitors; the amount of
effort or money expended in obtaining and developing the information; and the
amount of time and expense it would take others to obtain the information.
?
Trade secrets are sensitive knowledge. Some Indian courts have
used "trade secret" and "confidential information"
interchangeably, while others have differentiated between the two and found
that an employer's ordinary, day-to-day operations, which are known to many,
cannot constitute trade secrets.
?
US laws
Former US President Barack Obama
passed the Defend Trade Secrets Act,2016
which is a legislation regarding Trade Secret Act. This legislation is an
expansion of the Economic Espionage Act
of 1996 as the definition of trade
secret is similar and misappropriation is the same in the latter act.[20]
Chapter 40 of The Economic Espionage
Act ,1996 defines theft of trade secrets and whoever commits the same shall be
punished for the shall be fined not more than $5,000,000.[21]
Section 2(4)
of the Uniform Trade Secret Act
defines Trade Secret as” Trade secret” means information, including a formula,
pattern, compilation, program, device, method, technique, or process, that:
(i) derives independent economic
value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic
value from its disclosure or use, and
(ii) is the subject of efforts that
are reasonable under the circumstances to maintain its secrecy.[22]
In
Kewanee Oil Co. v. Bicron Corp., [23], it was held that the main aim of this
act to ensure maintenance and balance of commercial ethics.
?
Doctrine of Inevitable Disclosure
According to the concept of
inevitable disclosure, it is presumed, based on circumstantial evidence, that a
former employee will unavoidably use and expose the trade secrets of his former
company when performing the same tasks and duties for his new employer.[24] However,
this doctrine is constrained to a preliminary injunction to provide emergency
relief against violation of trade secrets.In the case of Pepsico, Inc. v. Williame Redmond,[25]
The court determined that Redmond's new position constituted an obvious risk of
misappropriation of trade secrets and the sensitive information which would be prohibited under statutory and
common law in Illinois.
?
Canada’s Legislation
There is no special legislation
related to secret trades in canada. The case related to trade secrets is done
on the basis of the common law system including torts and contract..In Canada,
there is no official registration procedure for the protection of trade
secrets, in contrast to various other categories of intellectual property.
There is no specified period that restricts the protection offered to a trade
secret in Canada, unlike copyright or patents.[26]
The bill C-4 US -M- CA trade agreement was implemented and got assent in
canadian legislation to provide safety against trade secret thefts.
?
China’s Legislation
A trade secret under Article 10 of
the Anti-Unfair Competition Law (AUCL) is defined as “technical and operational
information that is not generally known, that is capable of providing economic
benefits to the owner of the rights, that is applicable in practise, and that
the owner of the rights has taken measures to keep secret.” Similarly, Article
149 of company law in china restrains the managers and the directors of the
company from disclosing trade secrets of the company. Article150 of the same
act provides penalty in case if there is violation of Article 149.According to
Article 22 of the labor law of the China provides for a contract between an
employer and employee regarding trade secret agreement whereas violating the
same provision is made under article 102 of the same law.[27]
The criminal law of China provides penalty provisions under article 219 which
states that if anyone violates trade secrets , he will be punished for criminal
offense.
?
Japan’s Legislation
Till the era of 1990, the protection
of trade law was regularized by the common law of torts . but after the promulgation of unfair competition
protection act , the trade secret is further being protected by the act which
is based on TRIPS agreement.[28]
?
Australia’s Legislation
There is no legal provision related
to secret trades in Australia. But impliedly the confidential matters are
protected by The Corporations Act 2001 and The Privacy
Act 1988.[29]
COMPARISON
OF TRADE SECRET LAWS
VIS A VIS USA
The Indian Judiciary struggles to
determine whether there is a breach of confidential information when an
employee develops his skill and talent during employment, resigns, and starts a
new company, firm, or joins competitors, and whether the former employer
restricts the new employee from expressing details he learned during
employment.to answer the question,both are not same.there is significant difference between know-how and
secret knowledge. In Stevenson Jordan and Harrison Ltd. v MacDonald and Evans,
the court distinguished between employee-acquired and employer-confidential
information. The court ruled that if the employee's ability and expertise
created the knowledge, he might exploit it for his personal profit. If an
employee develops a talent or concept on the job, he may share it with others
without violating confidentiality.India sought to enact trade secret regulation
in 2008 when the Indian Parliament passed the National Innovation Act. The
Act's Chapter VI addresses confidential information. One of the best-written
pieces of legislation ever is this one. The two most important sections of this
law are Section 10 and 11. The lack of a legal framework for the
protection of trade secrets in India was one of the greatest issues raised in
2016 in the Special 301 report, which the United States Trade Representatives
recently issued (The Special 301 report, Office of the United States Trade
Representative, 2017). Foreign investors are hesitant to share their know-how
with Indian subsidiary firms or any franchise since Indian law is presently
based on the equity principle and contractual conditions and because the
legislation controlling this field is permissive. After accounting for all of
these challenges, the measure from 2008 was approved but never became law. The
topic of "A policy for the preservation of Trade Secrets" was
emphasised in the National IPR Policy that was later enacted in 2016, yet two
years have elapsed since that meeting and no proactive actions have been
made.However, the US Trade Secret Act was created because it had long been
recognised by the legislators that trade secret law should exist to safeguard
commerce from unlawful use. The goal of the policy behind trade secret
protection under the US system is to maintain appropriate levels of business
ethics while simultaneously encouraging the secret commercial operations of the
company.Trade secret protection stimulates inventions and technology, promotes
business ethics, and strengthens IP regime. Without trade secret laws, protecting
trade secrets in India is challenging. The trade secret situation in India is
still in its infancy, and the rules governing trade secrets are not extremely
strict. The judiciary's interpretation of the common law approach is
inconsistent in practise. Many methodologies are used, and same-fact scenarios
generate various conclusions. Unfair competition can only be regulated by a
legislative law. It is not appealing to the legislators to put in a new law,
but to bring back the written bill so that foreign company investments and
trade will be broadened and the field of Intellectual Property Law will grow.
This is what India requires and what the National IPR Policy, 2016 aimed. After
TRIPS, India updated its IPR rules, although Section 3(d) of the Indian Patents
Act remains unique. It is also urged to bring back the 2008 Trade Secrets
protection act.
ANALYSIS
TO TRADE SECRET LAWS : WHAT INDIA CAN ADOPT FROM THE DEVELOPED NATION
The
position of trade secret laws in India is
at an embryonic stage. The application of the common law related to
trade secrets is reas mentioned above, india do not have any specific
legislation related to trade secret laws, hence the decision on such cases
shall remain in the hands of judges which at times become ambiguous and uncertainable
.The Indian Judiciary struggles to determine whether there is a breach of
confidential information when an employee develops his skill and talent during
employment, resigns, and starts a new company, firm, or joins competitors, and
whether the former employer restricts the new employee from expressing details
he learned during employment.to answer the question,both are not same.there
is significant difference between
know-how and secret knowledge. In Stevenson Jordan and Harrison Ltd. V
macdonald and Evans, the court distinguished between employee-acquired and
employer-confidential information. The court ruled that if the employee's
ability and expertise created the knowledge, he might exploit it for his
personal profit. If an employee develops a talent or concept on the job, he may
share it with others without violating confidentiality.
By
doing so the definition of trade secret keeps fluctuating . In addition to
that,there is no criminal liability as
protection from trade secrets can only be given in the case of violation of
contractual obligation . There are many principles and rules which are to be
inculcated in the indian laws in order to improve trade secret laws as compared
to the developed countries. The following below mentioned principles and
legislation can be acquired from the developed nations( particularly usa) which
are probably essential for formulating the better trade secret laws:
The
word trade secret must be defined in comprehensive terms so that it becomes
easier for the judiciary to interpret the term. The definition will also help
in determining what are the necessary elements to constitute trade secrets.
Secondly the doctrine of spoliation which denotes as a type of cheating that poses a risk to the fairness of the
civil litigation process must be included as a tort of misappropriation. This
doctrine is very common in California . With the rapid increase of cases
related to trade secret and in order to put less onus on the courts of india ,
a specialized body should be established to be categorically deal with cases
relating to trade secrets.we can also took up the doctrine of displacement
fromuniform Trade Secrets Acts, of usa which state that If the cause of action
conflicts with the steal of trade secrets, it is preempted or displaced.India
must implement the "Sui
Generis" system as stipulated by Article 10 bis of the Paris Convention
and Articles 39(2) and 39(3) of TRIPS.
Trade
secret protection stimulates inventions and technology, promotes business
ethics, and strengthens the IP regime. Without trade secret laws, protecting
trade secrets in India is challenging.. Many methodologies are used, and
same-fact scenarios generate various conclusions. Unfair competition can only
be regulated by a legislative law. It is not appealing to the legislators to
put in a new law, but to bring back the written bill so that foreign company
investments and trade will be broadened and the field of Intellectual Property
Law will grow. This is what India requires and what the National IPR Policy,
2016 aimed. After TRIPS, India updated its IPR rules, although Section 3(d) of
the Indian Patents Act remains unique. It is also urged to bring back the 2008
Trade Secrets protection act.However the provisions which are mentioned above
will help India in providing a better framework for making a better trade secret law legislation and it
will help in achieving effective transparency in business transactions. By
framing an efficient codified law on trade secret we can also safeguard right
to privacy of the Indian citizens by the
virtue of article 21 of the constitution. Apart from making separate legislation , the indian
penal code and the companies act must also be amend in order to enlarge the
provisions of trade secrets in india.
India sought to enact trade secret
regulation in 2008 when the Indian Parliament passed the National Innovation
Act. The Act's Chapter VI addresses confidential information. One of the
best-written pieces of legislation ever is this one. The two most important
sections of this law are Section 10 and 11. The lack of a legal framework for
the protection of trade secrets in India was one of the greatest issues raised
in 2016 in the Special 301 report, which the United States Trade
Representatives recently issued (The Special 301 report, Office of the United
States Trade Representative, 2017). Foreign investors are hesitant to share
their know-how with Indian subsidiary firms or any franchise since Indian law
is presently based on the equity principle and contractual conditions and
because the legislation controlling this field is permissive. After accounting
for all of these challenges, the measure from 2008 was approved but never
became law. The topic of "A policy for the preservation of Trade
Secrets" was emphasised in the National IPR Policy that was later enacted
in 2016, yet two years have elapsed since that meeting and no proactive actions
have been made.
However, the US Trade Secret Act was
created because it had long been recognised by the legislators that trade
secret law should exist to safeguard commerce from unlawful use. The goal of
the policy behind trade secret protection under the US system is to maintain
appropriate levels of business ethics while simultaneously encouraging the
secret commercial operations of the company
[1]Intellectual property, Legal Information Institute,
https://www.law.cornell.edu/wex/intellectual_property (last visited Apr 21,
2023).
[2]Adam Moore, Intellectual
property Stanford Encyclopedia of
Philosophy (2011),
https://plato.stanford.edu/Archives/Fall2012/entries/intellectual-property/
(last visited Apr 21, 2023).
[3] Chandra
Nath Saha & Sanjib Bhattacharya, Intellectual
property rights: An overview and implications in pharmaceutical industry
Journal of advanced pharmaceutical
technology & research (2011),
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217699/ (last visited Apr 21,
2023).
[4] priyanka
khimani, India needs stronger copyright
and IP Laws Hindustan Times
(2022),
https://www.hindustantimes.com/ht-insight/economy/india-needs-stronger-copyright-and-ip-laws-101660202940185.html
(last visited Apr 21, 2023).
[6] Zafar Mahfooz
Nomani & Faizanur Rahman, Intellection of trade secret and innovation
laws in India , 16 journal of
intellectual property rights (2011).
[7] APPROACHES TO THE PROTECTION
OF TRADE SECRETS, in ENQUIRIES
INTO INTELLECTUAL PROPERTY'S ECONOMIC IMPACT © OECD 2015 127–172.
[8] MoloLamken LLP, What are common scenarios in which theft of
trade secrets occurs? - trade secrets - united states What Are Common Scenarios In Which Theft Of
Trade Secrets Occurs? - Trade Secrets - United States (2022),
https://www.mondaq.com/unitedstates/trade-secrets/1196344/what-are-common-scenarios-in-which-theft-of-trade-secrets-occurs
[9] nirmala bhide & udita
kanwar, confidential information and
trade secrets RKD (2017),
https://www.rkdewan.com/articles/confidential-information-and-trade-secrets-an-overview
[10] Attwood
v Lamont [1920] 3 K.B. 571
[11] juhi saxena, Study of Trade Secret Laws in India in
Comparison to United States, 3 international
journal of legal science and innovation (2021).
[12] The
Brahmaputra Tea Co. Ld. vs E. Scarth, (1885) ILR 11 Cal 545
[13] Saltman
Engineering Co v Campbell Engineering Co [1963] 3 All E.R. 413
[14] The
Information Technology Act, 2000 (Act 21 of 2000).
[15] Ibid
[16] Ibid
[17] Burlington
Home Shopping Pvt. Ltd. v. Rajnish Chibber & Anr
(1995) PTC (15) 278
[18] Tata
Motors Limited & Another v/s State of West Bengal & Others (2010) G.A.
No. 3876 of 2008, W.P. No. 1773 of 2008
[19] Bombay
Dyeing and Manufacturing Co.Ltd. v/s Mehar Karan Singh (2010)
Suit No.3313 of 2008
[20] Eric Goldman, The
new 'Defend trade secrets act' is the biggest IP development in years (Forbes
Cross-Post) Technology &
Marketing Law Blog (2016),
https://blog.ericgoldman.org/archives/2016/05/the-new-defend-trade-secrets-act-is-the-biggest-ip-development-in-years-forbes-cross-post.htm
[21] The
Economic Espionage Act ,1996
[22] Uniform
Trade Secret Act ,1985
[23] Kewanee
Oil Co. v. Bicron Corp. [1974] 416 U.S. 470
[24] R. Mark Halligan, Trade
secrets: The inevitable disclosure doctrine Reuters (2021),
https://www.reuters.com/legal/legalindustry/trade-secrets-inevitable-disclosure-doctrine-2021-11-09/
[25] PepsiCo,
Inc. v. Redmond [1995] 54 F.3d
1262 (7th Cir.)
[26] Panagiota Dafniotis, Trade
Secret Protection and Remedies in Canada Dentons
(2022), https://www.dentons.com/en/insights/articles/2022/february/25/trade-secret-protection-and-remedies-in-canada
[27] Labour
law of People’s Republic Of China ,1994
[28] Unfair
Competition Protection Act,(Act 47 of 1993)
[29] Yuchen Yao, A
brief guide to navigating the complexities of Trade Secrets VS Patent
Protection - Trade Secrets - Australia A
brief guide to navigating the complexities of trade secrets vs patent
protection - Trade Secrets - Australia (2022),
https://www.mondaq.com/australia/trade-secrets/1173484/a-brief-guide-to-navigating-the-complexities-of-trade-secrets-vs-patent-protection
Article Information
A COMPARISON OF TRADE SECRET LEGISLATION IN INDIA AND THE WORLD
Authors: MANNAT SINGH SAINI, VAISHNAVI DUBEY
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/26
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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