ABSTRACT
In the digital era, trade secret protection has become a critical concern for businesses as technological advancements have increased the risks of misappropriation. This research paper examines the legal framework governing trade secret protection and explores the legal remedies available for addressing misappropriation in an increasingly interconnected world.
The paper begins by defining trade secrets and highlighting their importance in fostering innovation and maintaining competitive advantage. It then provides an overview of the evolving legal landscape, analysing international agreements such as the TRIPS Agreement, as well as national laws like the U.S. Defend Trade Secrets Act and the EU Trade Secrets Directive.
A key focus of this study is the methods of digital misappropriation, including cyber espionage, insider threats, AI-driven data scraping, and cloud storage vulnerabilities. Through case studies, the paper illustrates how businesses have suffered from trade secret theft and the legal battles that ensued. The research also explores available legal remedies, including civil litigation, injunctive relief, monetary damages, and criminal prosecution. Alternative dispute resolution mechanisms such as mediation and arbitration are examined in the context of cross-border trade secret enforcement.
The study concludes by offering insights into future challenges and policy recommendations aimed at enhancing legal protections in the digital age.
By providing a comprehensive analysis of trade secret misappropriation and legal remedies, this research contributes to the broader discourse on intellectual property rights and corporate security, offering practical solutions for businesses, policymakers, and legal practitioners.
Key Words: Trade secrets, Digitisation, Misappropriation, Data, Remedies