Appropriate legal mechanism to protect trade secrets required

Trade secrets are a part of a company’s Intellectual Property (IP). The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the first multilateral agreement on trade secrets that requires trade secrets known as undisclosed information to be protected from unfair practices. According to Article 39 of the TRIPS Agreement, both natural and legal persons lawfully in control of such information shall have the right to prevent it from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices.

The unauthorised acquisition, use or disclosure of such information in a manner contrary to honest commercial practices by persons other than the holder is regarded as an unfair practice. However, a trade secret owner cannot stop others from using the same technical or commercial information, if they acquired or developed such information independently by themselves through th

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