A STUDY ON EVOLVING PROTECTION OF TRADE SECRETS IN INDIA

Abstract

Defining a trade secret may appear simple at first glance, yet significant complexity emerges when attempting to codify this form of intellectual property right (IPR). Unlike other categories of intellectual property that are governed by well-established legal frameworks and generally lead to civil proceedings upon infringement, trade secrets occupy a more elusive domain due to their confidential nature. The challenge lies in identifying a breach when the subject matter itself is meant to remain undisclosed. A trade secret refers to information that possesses independent economic or commercial value precisely because it is not publicly known and is safeguarded through deliberate efforts by its owner. For information to qualify as a trade secret, it must be demonstrably valuable, confidential, and subject to reasonable measures to maintain secrecy. Historically, the doctrine of trade secrets was confined to employees in technical or industrial roles; however, judicial interpretations have broadened its scope to encompass diverse areas, including financial, manufacturing, production, and marketing data. This paper examines the evolution of trade secret protection within the framework of modern intellectual property law and highlights the growing significance of confidential information in fostering innovation and sustaining competitive advantage in business.