Legal Regime of Undisclosed Information: Indian Perspective

Abstract

Protection of undisclosed information is not a myth, since time immemorial people have used, practiced and safeguarded undisclosed information thus it is very much a protectable subject matter. Undisclosed information has reached portals of international protection and deliberation; with explicit inclusion in the category of intellectual property rights undisclosed information seeks domestic protection and standardization. Article 39 of Agreement on Trade Related Aspect of Intellectual Property Rights and Article 10bis of Paris Convention, 1883 have laid down clear mandate of undisclosed information protection. However many countries including India are yet to think of a legal regime within statutory framework for protecting undisclosed information.

Keywords: Undisclosed information, trade secret, Paris Convention, WTO, TRIPS, India, Contract, Pharmaceutical, European regime