The ‘Other IP Right’: Is It Time to Codify the Indian Law on Protection of Confidential Information?

Countries across the world are increasingly turning their attention to trade secret law, either enacting new laws or amending existing laws. As India faces similar calls to enact new laws to protect trade secrets, it is necessary to take stock of existing Indian law on protection of confidential information. As of now India protects confidential information either through contracts or under the equitable duty of confidence. Any codification exercise will however have to keep in mind several factors like the impact of a new law on employee mobility, competition, protecting free speech, ensuring procedural safeguards for defendants and insulating employees from any possible abuse of the criminal justice system. This article attempts to look at all these issues from an Indian perspective