CS Professional · Intellectual Property Rights - Law and Practice · Protection of Trade Secrets
Anand Foods Pvt Ltd in Pune has a secret blend of 14 spices used in its ready-mix curry. Only three senior employees know the full proportions, each signs a confidentiality undertaking, and the formula is kept in a locked vault. A rival sells a similar blend made by lawful reverse engineering of Anand's product. Which statement best reflects the nature of trade secret protection in India?
Anand cannot stop the rival, because trade secret law guards against breach of confidence and improper acquisition, not against independent discovery or lawful reverse engineering. There is no registration requirement and no fixed term, so protection lasts only while the information stays secret.
- AAnand can stop the rival because trade secrets give an exclusive right against anyone who arrives at the same information
- BAnand can claim protection only if the formula is registered with the Controller of Patents
- CAnand has no remedy against the rival because trade secret protection does not bar independent discovery or lawful reverse engineeringCorrect
- DAnand's protection lapses after 20 years from the date of first use of the formula
Explanation
A trade secret protects only against misuse or breach of confidence, not against independent discovery or fair reverse engineering. There is no registration system for trade secrets in India, so option B is wrong. The protection has no fixed term and lasts while secrecy lasts, so D is wrong. Option A confuses trade secrets with patent-like exclusivity.
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