The TRIPS Agreement enjoys the status of being the first international
agreement to explicitly protect trade secrets as a form of Intellectual
Property. The backbone of any business most likely depends on its trade
secrets. Trade secrets may be categorized as a set of confidential information
that provides an enterprise a competitive edge over others in similar business.
In order to confer this status of �trade secret,� a certain level of privacy
needs to be maintained. If the same is not attended to, a threat is likely to be
caused to privacy of trade secrets by the advancement of Artificial
Intelligence. The requirement of protection of trade secret is simply with an
intention of guarding the profitableness of business conceived by the trader
while maintaining its secrecy.
The capabilities of Artificial Intelligence, which have dramatically expanded in
the last one decade, may threaten data protection that may result into the loss
of not only the trade so concerned but even the economy of the country. In
absence of any effective laws controlling Artificial Intelligence, the
protection of trade secrets remains uncertain.
The protection of trade secrets may be ensured at fullest if the reasonable
restrictions on privacy laws are not made applicable on the trade secret regime.
Further, the conflict between privacy law and advancement of artificial
intelligence can be addressed only by enactment of holistic laws and policies
which may cover both the aspects of right to privacy and advancement of
technology that may aid artificial intelligence to meet with the human needs.
Although, India lacks a specific legislation protecting the trade secrets, the
concept is being jurisprudentially developing through different decisions of
The author asserts pertinence to mention that any development needs better
understanding of the connected issues and such issues remain unsettled until
such law is not passed and may be combated only by strengthening the laws and
policies concerned with such subjects in India. This is required not only in
case of Trade Secrets which are governed by the provisions of contract laws of
the country but even the privacy laws and policies on Artificial Intelligence.
The mechanism that may best balance the emerging need of development of
artificial intelligence and protection of trade secrets be achieved through
stringently systematic privacy laws. Appropriate privacy laws can definitely
prevent encroachment of one over the others� property.
The text can be accessed at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3881828
The article seeks to summarise a paper on Protection of Trade Secrets
vis-�-vis Advancement of Privacy Laws and Artificial Intelligence.
Written By Shrut Brahmbhatt [Ph.D. Student, S.P. University, Anand &
Assistant Professor of Law, Unitedworld School of Law, Karnavati University,