How are trade secrets protected in India?
Trade secrets are protected in India either through contract law or through the equitable doctrine of breach of confidentiality. It is common to insert clauses in a technology transfer or other license agreement that state that the technology transferred is of a confidential nature and the licensee is obliged to maintain the confidentiality, not only during the pendency of the agreement but also after its termination. The licensee may also be required to enter into appropriate secrecy agreements with its employees, subcontractors and visitors to its factory. It is also advised to insert a cautionary notice on all the technical manuals clearly stating that the information contained therein is of a proprietary and confidential nature. The skill, knowledge and experience of a particular calling can also be protected in certain circumstances from misuse through contractual obligations.
