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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Nirmal Spices keeps its blend ratio known to three senior employees bound by confidentiality agreements. A departing employee, Rohit, joins a competitor and uses the ratio. Nirmal has never filed any IP application. What is the best analysis?

Nirmal can seek relief through breach of confidence and contract principles. India lacks a specific trade secret statute, but courts protect secret, commercially valuable information shared under confidentiality obligations. No patent or geographical indication registration is required for this protection.

  1. ANo protection exists because India has no trade secret statute and no other basis applies
  2. BProtection can be sought through breach of confidence and contract principles, as the information is secret and has commercial valueCorrect
  3. CProtection exists only if the ratio was patented
  4. DProtection exists only if the recipe was registered as a geographical indication

Explanation

India has no dedicated trade secret statute, but courts protect confidential information through equity (breach of confidence) and contract law. The information was secret, valuable and subject to confidentiality duties. Patent or GI registration is not needed, and the first option wrongly concludes there is no basis.

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