Trade secret protection in India
Formulas, processes, source code and client lists can be your most valuable assets. In India they are protected by contract and court remedies, not by registration.
Quick answer
India has no dedicated trade secret law. Protection comes from contracts such as NDAs and employment terms, the courts’ equitable remedy for breach of confidence, and some criminal provisions. Because nothing is registered, your own confidentiality steps decide whether you are protected.
What counts as a trade secret
Information qualifies when it is confidential, has commercial value because it is secret, and you take reasonable steps to keep it secret. Common examples are recipes, manufacturing processes, pricing models, algorithms, supplier and customer lists and unreleased product plans.
Last checked: 12 November 2026. This page is general information, not legal advice. Fees and rules change, so confirm on the official site before you file.
What Indian law offers today
- Contract: NDAs, confidentiality clauses and non-compete or non-solicit terms (non-competes after employment are often hard to enforce in India).
- Breach of confidence: Courts can grant injunctions and damages when confidential information is misused.
- Other statutes: Provisions on theft or cheating, and the Information Technology Act, can apply in some cases.
The Law Commission of India recommended a special law in its 289th Report (March 2024) and proposed a draft Protection of Trade Secrets Bill, 2024. In the sources we checked, this was a proposal and not yet an enacted law. Check for updates before relying on it.
A practical protection checklist
- Sign NDAs with employees, contractors, vendors and investors before sharing anything.
- Mark documents confidential and restrict access to those who need it.
- Use access controls, logging and device policies for digital files.
- Run exit interviews and remind leaving staff of their obligations.
- Keep a record of what you treat as a secret and who has seen it.
- If part of it is patentable, decide early whether to patent it instead, because a patent requires public disclosure.
Trade secret or patent?
| Trade secret | Patent | |
|---|---|---|
| Registration | None | Required |
| Duration | While secret | 20 years from filing |
| Disclosure | Stays private | Published |
| Risk | Lost if leaked or independently found | Costly and slow, may be refused |
If someone leaks or misuses it
Act fast. Collect evidence, send a cease and desist notice and consider a civil suit for an injunction. Courts act quickly where the confidentiality steps above were in place.
Frequently asked questions
Is there a trade secret registration in India?
No. Trade secrets are not registered. They are protected only while they are kept confidential.
Does an NDA really protect me?
A well-drafted NDA is the main practical tool. It must define the information, the purpose, the duration and the remedies. Pair it with real security measures.
Can I stop a former employee from using my client list?
Possibly. Courts look at confidentiality terms and whether the list was genuinely secret. Broad post-employment non-competes are often unenforceable, so rely on confidentiality clauses.
Is a trade secret law coming to India?
The Law Commission recommended one in 2024. We could not confirm that a law has been enacted, so check current status.
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Written by: Trademark Wale editorial team, with over 40 years of experience in trademark and IP work, serving 7000+ brands. Last updated: 12 November 2026.
Sources: Law Commission of India, Report No. 289.
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