Trips Agreement Article 39

3. Any member consults, at his request, any other member who believes that an intellectual property rights holder, national or proof of the member to whom the request for consultation was addressed, practices in violation of the laws and regulations of the requesting member with respect to the purpose of this division and who wishes to ensure compliance with this legislation , without prejudice to any action taken under the law and the full freedom of each member. The member in question takes into consideration and offers an appropriate opportunity to consult with the applicant member and works by providing non-confidential information accessible to the public, relevant to the issue in question, and other information available to the member, subject to domestic law and the conclusion of satisfactory agreements for both parties on the respect of its confidentiality by the requesting member. Together. Companies may include in their employment contracts a confidentiality agreement that prevents employees from disclosing sensitive and confidential information about the company during or after their tenure with the company, so that the secrecy is not disclosed. In cases where trade secrecy is in physical form, such as plans, files, etc., a rigorous security system should be put in place to keep this confidential information confidential. Unlike patents and copyrights, which can be protected for about 20 and 100 years, trade secrets can potentially take much longer. A business secret remains a business secret as long as no other person independently discovers the information. Due to the absence of laws on the protection of trade secrets, Indian courts have committed to protecting trade secrets on the basis of principles of justice, breach of trust and contractual obligations. Like other intellectual property rights, trade secrets are extremely valuable and sometimes even crucial to a company`s growth and survival. Business secrecy is a formula, process, device, method, technique or other commercial information of commercial value. This information is kept confidentially and exclusively. Appropriate measures have been taken to preserve its secrecy, to become a competition law with respect to competitors.

. 1. As part of the guarantee of effective protection against unfair competition in accordance with Article 10 bis bis of the Paris Convention (1967), members protect undisclosed information referred to in paragraph 2 and data transmitted to governments or government agencies in accordance with paragraph 3. (c) in the circumstances, the person who lawfully controls the information has taken reasonable steps to keep it secret. . 4. A member whose nationals or sub-agencies have commenced proceedings in another Member State for alleged violation of the laws and regulations of that other member in this section is, upon request, open to the possibility of consultation with the other member under the conditions set out in paragraph 3. In India, a person may be contractually obliged not to disclose the information provided to him or her confidentially and, if the person discloses the information, may be prosecuted for breach of the confidentiality agreement.