ARTICLE
13 December 2017

Trade Secrets Law In India

VA
Vaish Associates Advocates

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Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
At present, there is no particular legislation to protect undisclosed information/trade secret outside the normal recourse to breach of contract
India Intellectual Property
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By
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High court
Partner: Vaish Associates Advocates
Email: vpdalmia@vaishlaw.com Mobile: +919810081079

Trade Secrets

At present, there is no particular legislation to protect undisclosed information/trade secret outside the normal recourse to breach of contract. Under the Indian contract law, restrictive agreements pertaining to confidentiality and trade secrets would usually fall under the ambit of agreements in restraint of profession and trade. The validity of these agreements is tested on the reasonableness of the restrictions imposed. This protection is limited in relation to the protection sought as per Art 39 of the TRIPS. There is also no provision at the moment in India at the national level for data protection with respect to confidential and valuable information submitted to the Government or regulatory agencies. International pressure on the Indian Government is rising on the data protection issue and the Government is likely to take concrete steps towards the same soon

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

© 2017, Vaish Associates Advocates,
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The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

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