An overview of the challenges and developments of trade secret protection in India under Article 39(2) TRIPS Agreement in IP Regime-As a Glance

  • Unique Paper ID: 192124
  • Volume: 12
  • Issue: 9
  • PageNo: 1200-1203
  • Abstract:
  • According to the World Intellectual Property Organisation (WIPO), Trade Secret means rights over confidential information. such rights can be sold or licensed. It should be monetarily valuable because of it being a secret and only few people should know it. It is also necessary that the owner of such information has taken steps to keep the information a secret. Examples of confidential information (or trade secrets) include: data compilations, designs, blueprints, maps, algorithms, personnel records, ingredient lists, financial information etc. The jurists and judicial courts have often drawn intersectional circles of discussion between trade secrets and other legal regimes such as tort, contract law, property laws and other IPs such as copyright, patent etc . This article studies the general concept of trade secrets, how international conventions protect them and how India has approached the same. In India, especially, there is no sui generislegislation for trade secrets or confidential information as of yet. The judicial courts have protected trade secrets under various different laws till now. However, there was an attempt made in 2008 (via National Innovation Bill, 2008) to introduce a sui generis legislation for the trade secrets. This article also studies how the Indian judiciary has dealt with cases regarding trade secrets.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{192124,
        author = {Dr. J. Star},
        title = {An overview of the challenges and developments of trade secret protection in India under Article 39(2) TRIPS Agreement in IP Regime-As a Glance},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {9},
        pages = {1200-1203},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=192124},
        abstract = {According to the World Intellectual Property Organisation (WIPO), Trade Secret means rights over confidential information. such rights can be sold or licensed. It should be monetarily valuable because of it being a secret and only few people should know it. It is also necessary that the owner of such information has taken steps to keep the information a secret. Examples of confidential information (or trade secrets) include: data compilations, designs, blueprints, maps, algorithms, personnel records, ingredient lists, financial information etc. The jurists and judicial courts have often drawn intersectional circles of discussion between trade secrets and other legal regimes such as tort, contract law, property laws and other IPs such as copyright, patent etc . This article studies the general concept of trade secrets, how international conventions protect them and how India has approached the same. In India, especially, there is no sui generislegislation for trade secrets or confidential information as of yet. The judicial courts have protected trade secrets under various different laws till now. However, there was an attempt made in 2008 (via National Innovation Bill, 2008) to introduce a sui generis legislation for the trade secrets. This article also studies how the Indian judiciary has dealt with cases regarding trade secrets.},
        keywords = {Trade Secret, National Innovation Bill, India, Intellectual Property Rights, Contractual Law, TRIPS},
        month = {February},
        }

Related Articles