TRADE SECRETS PROTECTION IN INDIA: EVALUATING NON-COMPETE AGREEMENTS AND LEGAL CHALLENGES

AUTHOR – SIDDHI SHRIDHAR KALAMKAR, STUDENT ATD.E.S. SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – SIDDHI SHRIDHAR KALAMKAR, TRADE SECRETS PROTECTION IN INDIA: EVALUATING NON-COMPETE AGREEMENTS AND LEGAL CHALLENGES, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 372-377, APIS – 3920-0007 | ISSN – 2583-7230

Abstract

Trade secrets are a vital part of intellectual property, helping businesses safeguard confidential information that provides a competitive advantage. In India, their legal protection is primarily based on the Indian Contract Act, 1872, and common law principles of equity and confidentiality. Non-compete agreements, though enforceable if reasonable in scope and duration, are closely scrutinized by courts to prevent undue restrictions on trade and employment. However, these agreements alone are insufficient to protect trade secrets, particularly in cases without a contractual relationship. Key challenges include difficulty in securing damages and inadequate procedural safeguards against disclosure in litigation. To strengthen trade secret protection, businesses should implement confidentiality agreements, restrict access, and enhance security measures. This paper explores these concerns in light of existing Indian jurisprudence.

Key Words- confidentiality, non-compete agreements, enforceability, common law, equity, contractual relationship, litigation challenges.