Trade Secrets
Protecting trade secrets and confidential know-how through NDAs, policies, access controls and action against misuse.
- Estimate Cost
- ₹10,000 – ₹75,000
- Typical duration
- 10 days
Service overview
- Trade secrets are confidential business information, such as formulas, processes, source code, client lists, pricing and strategies, that give you a competitive edge
- India has no registration system for trade secrets, so they are protected through contracts, internal controls and legal action for breach of confidence
Who needs it? / When is it needed?
- Businesses with proprietary recipes, processes, technology, data or client relationships.
- When hiring key employees, onboarding vendors or partners, or sharing information with investors.
- When an employee leaves to join a competitor, or a leak is suspected.
What to expect from the WCP Professionals
- Identification and classification of confidential information.
- Drafting of NDAs, confidentiality and IP clauses in employment, vendor and partner agreements.
- Advice on internal policies such as access control, marking, exit procedures and data security.
- Legal notices, injunction suits and damages claims when information is misused.
Key deliverables
- Trade secret audit summary.
- Customised NDAs and confidentiality clauses.
- Confidentiality policy and exit checklist.
- Legal notice or court filings, if needed.
Standard turnaround time
- Audit and drafting: 1–2 weeks.
- Legal notice: 2–5 working days.
- Interim injunction: weeks to a few months.
- Full litigation: 1–3 years.
Government fees, timelines & key outcomes
- No registration fee, as trade secrets are not registered.
- Stamp duty applies on agreements as per state law, and court fees apply for litigation.
- Key outcome: confidential information legally protected and enforceable.
Forms & filings involved
- No government forms are involved for protection.
- Civil suits and interim applications before courts in case of breach.
- Police complaints, where data theft or criminal breach of trust is involved.
Documents required
- Description of the confidential information (shared confidentially).
- Existing employment and vendor agreements.
- Evidence of breach, such as emails, access logs and documents, where relevant.
What we need from you
- Consistent implementation of confidentiality policies.
- Signing NDAs before any disclosure.
- Prompt reporting of suspected leaks.
Important conditions
- Protection depends on taking reasonable steps to keep the information secret.
- Post-employment non-compete clauses are generally unenforceable in India; confidentiality obligations remain enforceable.
- Information already public cannot be protected.
Additional information
- Combine trade secret protection with patents for complete protection of an invention.
- Related services: Patent Registration, IP Infringement
- Transfer.
The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.
How it works
- 1. Raise a service enquiry describing your requirement.
- 2. A Relationship Manager reviews it and opens it for bidding.
- 3. Pay into escrow and assign the professional you select.
- 4. Track progress to completion, then accept and release payment.
Frequently asked questions
Is there a trade secrets law in India?
There is no specific statute; trade secrets are protected through contracts, equity, the law of confidence and criminal provisions on theft or breach of trust.
How do I protect a trade secret?
Limit access, mark information confidential, sign NDAs with employees and partners, and keep records of who saw what.
What if an ex-employee takes confidential data?
An injunction can be sought to stop misuse, along with damages; quick action matters.
Should I patent or keep a trade secret?
Patents give 20 years of exclusivity but require disclosure; secrets can last indefinitely if kept secret.