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ABSTRACT
The inadequacy of the legal framework for trade secret protection in India presents significant barrier to fostering innovation and ensuring competitive advantages in global markets. Unlike patents, which require public disclosure, trade secrets offer pathway for businesses to maintain competitive edge without revealing proprietary information. However, India's reliance on common law principles and contractual remedies falls short of the providing robust and comprehensive regime for trade secret protection. The proposed Trade Secrets Bill, 2024, aims to address these gaps by codifying structured legal framework that aligns with international standards and caters to India’s unique economic and technological landscape.
This paper analyses challenges arising from absence of the statutory recognition for trade secrets in India, focusing on misappropriation risks and enforcement hurdles. It explores interplay between trade secrets and other intellectual property rights, comparative position of the India with jurisdictions like USA and UK, and pivotal role of the trade secrets in industries like pharmaceuticals and technology. By delving into provisions of the Trade Secrets Bill, 2024, this research highlights its potential to balance industry confidence, employee mobility, and technological advancement, while safeguarding interests of the MSMEs and startups. Case studies, judicial precedents, and international practices substantiate analysis, offering insights into how India can create robust ecosystem for trade secret protection and economic growth.
Keywords:
KEYWORDS: Trade Secrets, Trade Secrets Bill 2024, Intellectual Property Rights, Legal Framework, Misappropriation, India.
Cite Article:
"INADEQUACY OF LEGAL FRAMEWORK FOR TRADE SECRET PROTECTION IN INDIA : A LEGAL ANALYSIS OF TRADE SECRETS BILL 2024", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 2, page no.a425-a441, February-2025, Available :http://www.ijrti.org/papers/IJRTI2502046.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator