Protection of Trade Secrets: India
5 stars based on
Currently there is no specific or separate legislation that regulates the protection of trade secrets and confidential information in India. Specifically, Indian courts have relied on the principles laid out in the Saltman Engineering case,  which, as summarized by Patrick Hearn, author of The Business of Industrial Licensingstates that.
Moreover, the Indian Courts have applied these principles in three sets of circumstances out of which proceedings may arise:. Many trade secret decisions come in the context of breach of contract proceedings for restraint of trade.
In India only civil or equitable remedies are available for a breach of confidence cause of action. Injunctions may be interlocutory interim relief or permanent. According to Advocate P. The grant of an interlocutory injunction during the pendency of legal proceedings is a matter requiring the exercise of discretion of the Court.
While exercising the discretion the Court applies the following tests — i whether the plaintiff has a prima facie case, ii whether the balance of convenience is in favour of the plaintiff, and iii whether the plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed. The decision whether or not to grant an interlocutory injunction has to be taken at a time when the existence of the legal right assailed by the plaintiff and its alleged violation are both contested and uncertain and remain uncertain till they are established at the trial on evidence.
Relief by way of interlocutory injunction is granted to mitigate the risk of injustice to the plaintiff during the period before that uncertainty could be resolved. The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. The need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated.
Chemical Process Equipments P. Shri Naveen Jain, D. Priya Puri, 3 L. Shri Naveen Jain, para. Shailendra Shivam and Ors. Ulfath Ali Khan Oct. Library of Congress Law Library of Congress. Find the Law Library on: Protection of Trade Secrets: Protection of Trade Secrets Currently there is no specific or separate legislation that regulates the protection of trade secrets and confidential information in India.
Available Remedies In India only civil or equitable remedies are available for a breach of confidence cause of action. Connect with the Library All ways to connect. Questions Ask a Librarian Contact Us.