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

Ravi, an employee of a Pune software firm, signs a confidentiality agreement and later joins a rival. The firm sues to stop him from using its confidential client lists and source code, though India has no dedicated trade secret statute. On which basis do Indian courts, as in Indian case law, mainly grant relief?

Indian courts protect trade secrets mainly through equitable breach of confidence and contractual obligations such as non-disclosure agreements, because India has no dedicated trade secret statute and trade secrets cannot be registered.

  1. AEquitable principles of breach of confidence and contractual obligationsCorrect
  2. BRegistration of the trade secret under the Patents Act
  3. CCompulsory licensing provisions of the Copyright Act
  4. DStrict liability under the Designs Act

Explanation

India has no specific trade secret statute. Courts protect trade secrets through breach of confidence (equity), contract law and, where relevant, copyright and torts. Trade secrets are not registered, so the Patents Act option is wrong.

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