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Trade Secret Protection in Ayurveda: Examining the Need for a Legislation

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Title Trade Secret Protection in Ayurveda: Examining the Need for a Legislation
 
Creator Gopal, Naveen
 
Subject Trade Secret in Ayurveda
Proprietary Medicine
Trade Secret Legislation
Reverse Engineering
Kerala Ayurveda
Innovation
Drugs and Cosmetics Act
 
Description 516-524
India does not have a separate legislation for trade secret protection and moreover has been following the UK
model for trade secret protection. Many of the Indian courts have cited English decisions in their judgements. The
National Innovation Bill, 2008 was an effort initiated by the Ministry of Science and Technology to create a
legislation with respect to protection of confidential information, however it was not tabled in the Parliament. A need
for a separate law for trade secret protection was identified in the 161st Report on Review of the Intellectual Property
Rights Regime in India of the Parliamentary Committee, where it was observed that there is lack of clarity on several
aspects in the current framework of protecting trade secrets in India. One of the important inquiries to be undertaken
is whether there is a dire need in the Indian industry for a legislation. Hence, an empirical study was carried out to
understand the trade secret practices adopted by the Indian industry. For this purpose, a limited case study about
industrial practices relating to trade secret protection in the Ayurveda industry was conducted. Empirical evidence
shows that even though the industry is actively indulging in trade secrecy, the contribution of the current legal
mechanism in this regard is very minimal. The industry experience strongly suggests that there is no need for a
separate legislation.
 
Date 2024-10-30T10:13:54Z
2024-10-30T10:13:54Z
2024-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/64793
https://doi.org/10.56042/jipr.v29i6.8328
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.29(6) [November 2024]