Looking Back To Move Forward: An Exploration of the History of Trade Secrets in the World as a Lesson for India

Exploring the Role of Trade Secrets in Intellectual Property Rights Protection

Abstract

Trade Secrets constitute information and knowledge, and the knowledge of a Secrets and the desire to keep it as a Secrets is what propels a Trade Secrets. Any information which is kept in the nature of a ‘Secrets,’[1] as also any knowledge, which is of value as a result of it being known to a few people thereby adding an impetus to their business is perceived as information. The publication of this information is the central aspect of the aim of protection of Trade Secrets.Over the course of the past centuries, Trade Secrets have emerged as an independent mode of Intellectual Property (IP) rights protection rather than being overshadowed as an alternative to patent protection in the interregnum. An analysis of different countries over the duration of centuries reflects this aspect. This analysis of experiences of different countries will enable India, a regime that does not have a specific protection of Trade Secrets, to enable it possible in the near future.