India is revisiting a proposed trade secrets law and will soon consult industry and startups on whistleblower safeguards, contract enforcement and compliance. DPIIT is weighing whether a dedicated law is needed or whether amendments to the Indian Contract Act can address contract fulfilment, while protecting confidential business information.
New Delhi: India will soon initiate consultations with industry, including startups, on provisions to protect whistleblowers and enforce contracts as it begins to revisit the drafting of a trade secrets law.
At present, trade secrets are protected through a combination of legal precedents and legislation. Officials said some startups and industry participants have raised concerns over a higher compliance burden, contract enforcement and the balance between trade secret protection and whistleblower rights during the discussions.
"There is a thinking in some parts of the government that no separate law is needed to ensure contract fulfilment and the extant Indian Contract Act, 1872, can be amended to achieve that aim but industry has concerns," said an official. The Department for Promotion of Industry and Internal Trade (DPIIT) has begun consultations on a dedicated trade secrets law to protect unpatented inventions currently covered by contract law.
The Indian Contract Act provides recourse in the event of a breach of non-disclosure agreements, exposure of sensitive information and inappropriate disclosure of private information....
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