Intellection of Trade Secret and Innovation Laws in India

Abstract

The uniqueness of trade secret law is that it fits into the extensive framework of contract, competition, innovation and intellectual property rights. The trade secret doctrines are closely linked to the domain of tort and criminal law although subject to different rationalizations. The remedial part of the law is inconsistent with the cause of action. The varied nature of trade secret calls for its holistic comprehension as a form of intellectual property. An incentive based approach in granting legal protection to trade secret harnesses the idea, inventions, and utility patent. This is best suited to varied categories of innovators and inventors in a post liberalized Indian economy and TRIPS compliance. The paper traces evolution and development of trade secret law in a comparative perspective and critically analyses the potential impact of innovation law on trade secret protection in the context of national innovation policy and laws of India.