[Commons-Law] RE: commons-law Digest, Vol 19, Issue 13

[Thomas John]

Is there a specific common law case that lays down the tests of due
care, common knowledge and competitive edge with regard to title to
trade secrets? One view on title to trade secrets seems to be that,
since they are intellectual property, one can have title to them, but
this seems problematic in the absence of any statutory backing in
India. Given the absence of Supreme Court judgements on this area,
such a case would be tremendously useful in clarifying the law on the
point if a case of this nature comes before the courts. I would think,
however, that automatic title would be problematic if two individuals
were to independently discover or invent similar processes.
Does anyone know how High Courts in India have reacted to the idea of
extra-contractual rights in trade secrets, or if they have at all?

Thomas.