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A standalone trade secret law for India
A standalone trade secret law for India

June 30, 2025

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The Department for Promotion of Industry and Internal Trade (DPIIT) has initiated a crucial exercise to understand the need for a standalone Trade Secrets law in India, reaching out to various industries (chemical, pharma, etc), including technology. This follows the Law Commission of India's March 2024 report exploring such legislation. The report was released in three parts (look for Trade Secrets and Economic Espionage, March 17, 2024).

Currently, India lacks a specific Trade Secrets law, with protection limited to contractual agreements (e.g., NDAs). A standalone law can offer certain benefits, notably enforceability against third parties (beyond contracting parties) and greater confidence for protecting unpatented inventions (at times, businesses may choose to protect certain inventions as trade secrets and not as patents). Many global jurisdictions (U.S., U.K., EU, Japan, China) already have such laws.

Last week, nasscom participated in a DPIIT meeting (chaired by Ms. Himani Pande, Additional Secretary) where they have sought the tech industry's perspective on:

  • Specific subject matter for protection: What specific types of tech information require protection, and if existing laws are insufficient.
  • Experience in other jurisdictions: Industry insights from operating under specific trade secret laws globally.
  • Issues faced under the current regime: Any enforcement challenges or precedents from court proceedings in India.

To formulate a robust, industry-led point of view, we encourage you to engage with us. This engagement will help us to better understand your specific use-cases or needs for a standalone Trade Secrets law in India.

Once we have developed this collective clarity, we can convey our comprehensive feedback to the Government. Should this subject be of interest to you, please write to dhananjay@nasscom.in or sudipto@nasscom.in with a copy to policy@nasscom.in.


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