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ARTICLE · 21 SEPTEMBER 2007

Protection Of Trade Secret

The importance of trade secret in the ambit of intellectual property has gained widespread recognition so much so that trade secret protection of working technologies has taken precedence over protection through patents.

IndiaIntellectual Property

The importance of trade secret in the ambit of intellectual property has gained widespread recognition so much so that trade secret protection of working technologies has taken precedence over protection through patents. North Atlantic Free Trade Agreement (NAFTA) and Agreement on Trade Related Aspects of Intellectual Property (TRIPs; Art. 39) include specific provisions directed towards increasing the protection of trade secrets. Prior to these agreements, Article 10bis of the Paris Convention (covering unfair competition) provides support for international standards of trade secret protection but there is a lack of a comprehensive international treaty on the line of patent, copyright and trademark law. A lack of definition of what constitutes a trade secret also contributes to this amorphous state of affairs.

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