Trade Secrets

India does not have a standalone trade secrets statute, but trade secrets are protected through contract law, equity, and common law principles of breach of confidence. Any commercially valuable information that is not publicly known and that the owner has taken reasonable steps to keep secret can qualify. This includes formulas, processes, algorithms, customer lists, pricing strategies, source code, and business methods.

Protection is primarily contractual and operational. Use non-disclosure agreements with employees, contractors, and business partners. Implement access controls and information security measures. Mark confidential documents appropriately. Limit access to sensitive information on a need-to-know basis. Conduct exit interviews and enforce post-employment obligations. The strength of your trade secret claim depends on the steps you have taken to maintain secrecy.

You can seek an urgent interim injunction to prevent further disclosure or use, pursue a civil suit for breach of confidence, damages, and delivery up of confidential materials, and in appropriate cases, file a criminal complaint. Speed is critical. The longer confidential information circulates, the harder it is to contain the damage. We advise on pre-emptive measures as well as enforcement when misappropriation occurs.