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

India has no standalone trade secrets statute. A company asks how India meets its obligation under TRIPS Article 39. Which statement is correct?

India meets its TRIPS Article 39 obligation without a dedicated statute, through contract law, equitable principles of confidence and common law breach of confidence. Courts grant injunctions, damages and delivery up of materials. There is no registration system for trade secrets.

  1. AIndia has enacted a dedicated Trade Secrets Act that registers secrets with the Controller General
  2. BIndia relies on common law principles of breach of confidence, contract law and equity, with remedies such as injunctions and damagesCorrect
  3. CIndia relies solely on the Patents Act, 1970 to protect secrets
  4. DIndia treats trade secrets as unprotected because TRIPS does not cover them

Explanation

India has no specific trade secret legislation; courts protect confidential information through contractual obligations, equitable duty of confidence and common law, granting injunctions, damages and return of materials. Registration is not available, and TRIPS does cover undisclosed information.

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