Evolving Paradigms of Trade Secret Protection: A Comparative Study of the US, EU, and India

Abstract

The protection of trade secrets is integral to commercial practices since the inception of trade itself. This study explores the historical evolution and current legal frameworks governing trade secrets in the United States, European Union, and India. In the United States, trade secret law transitioned from common law torts to codified statutes, culminating in the Uniform Trade Secrets Act (1979) and the Defend Trade Secrets Act (2016). Federal protection is also provided under the Economic Espionage Act (1996). In contrast, the European Union historically lacked uniformity in trade secret protection until the enactment of the EU Trade Secret Directive (2016), which harmonized standards across member states. In India, trade secrets are primarily protected under common law and contractual agreements, with no specific legislation governing their protection. This comparative analysis highlights the need for a robust legal framework for trade secrets protection in India to enhance its compliance with TRIPS obligations.