India

Protection of Trade Secrets Bill

• Is there is need for a specific legislation for protection of trade secrets?
• Whether there should be one law or separate laws on trade secrets and economic espionage?
• What should be the scope and shape of the proposed law?
• Treating trade secrets as ‘property’ or under principles of unfair competition
○ Defining trade secrets
○ Defining misappropriation of trade secrets,
○ Trade secrets, restrictive covenants and doctrine of inevitable disclosure
• What exceptions should be carved out in the Act? (e.g., Whistle blower protections, Compulsory Licensing & Government Use, Freedom of Speech & Expression, Public interest
• Remedies
○ Data Exclusivity