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CS Professional · Intellectual Property Rights - Law and Practice · Protection of Trade Secrets

Bharat Software Pvt Ltd alleges that ex-employee Sameer copied source code before leaving. Sameer argues the code elements are only his general skill and experience. Consistent with Indian case law on trade secrets, which approach should the court apply?

The court should distinguish the employer's genuinely confidential information, such as copied source code, from the employee's general skill and experience. Only misuse of the confidential material is restrained, because there is no registration for trade secrets and general knowledge cannot be protected.

  1. AProtect everything Sameer learned, including general skills, to deter employee mobility
  2. BRefuse relief unless Bharat Software has registered the source code as a trade secret
  3. CGrant relief only if Bharat Software proves infringement of a patent
  4. DSeparate the employer's confidential information from the employee's general knowledge and skill, restraining misuse of only the formerCorrect

Explanation

Indian courts hold that an employee's general skills, knowledge and experience gained in the job cannot be restrained, while specific confidential information such as source code can be protected. Trade secrets need no registration and patents are not a precondition. Blanket protection would amount to an unlawful restraint of trade.

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