Lok Sabha Question No. 1928 (UNSTARRED), answered on 2025-03-11
Subject: Legislation for Trade Sectors
Ministry: COMMERCE AND INDUSTRY
Asked by: Shri Magunta Sreenivasulu Reddy, Shri Putta Mahesh Kumar

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

UNSTARRED QUESTION NO. 1928. TO BE ANSWERED ON TUESDAY, THE 11 TH  MARCH, 2025.

## LEGISLATION FOR TRADE SECTORS

## 1928.  SHRI PUTTA MAHESH KUMAR: SHRI MAGUNTA SREENIVASULU REDDY:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज्य एवं उद्योग मंत्री

- (a) whether the Government has undertaken any study/research into the need for legislation for trade secrets in the country;
- (b) if so, the details of the current status of legislation regarding the protection of trade secrets in country and proposed timeline for its implementation;
- (c) the details of representations in support and objecting to the protection of trade secrets in country;
- (d) whether the Government has undertaken any campaign/promotional activities to raise awareness regarding trade secrets and their protection in the country; and
- (e) if so, the details of regarding such events/activities during the last five years in the country, especially in Andhra Pradesh?

## ANSWER

## वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री ( श्री णिणिन प्रसाद ) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI JITIN PRASADA)

- (a) & (b): Yes, the Law Commission of India has undertaken the research into the need for trade secrets legislation in the country.

The Law Commission of India had invited views and opinions of academicians, the  Government  and  industry  representatives  on  enacting  a  legislation  on protecting trade secrets and preventing economic espionage.

These deliberations  were  done  pursuant  to  a  reference  received  by  the  Law Commission of India from the Department of Legal Affairs and the Legislative Department, Ministry of Law & Justice.

Based on the inputs gathered, the Law Commission of India, in March 2024, released  the  289th  report  titled  "Trade  Secrets  and  Economic  Espionage," recommending  the  enactment  of  sui  generis  legislation  for trade secret protection.

This report also included a Draft Protection of Trade Secrets Bill.

- (c): As indicated in the 289th report titled "Trade Secrets and Economic Espionage," The following stakeholders were consulted during the consultations conducted by the Law Commission of India:-

|   S. No. | Stakeholder                                                           | Area of operation   |
|----------|-----------------------------------------------------------------------|---------------------|
|        1 | Justice Pratibha MSingh                                               | Judiciary           |
|        2 | Prof (Dr.) N. S. Gopalakrishnan, IPR Chair at Cochin Dr. Naveen Gopal | Academician         |
|        3 | Dr. Arul George Scaria                                                | Academician         |
|        4 | Dr. Tania Sebastian                                                   | Academician         |
|        5 | Associated Chambers of Commerce Industry of India (ASSOCHAM)          | Industry            |
|        6 | Confederation of Indian Industry (CII)                                | Industry            |
|        7 | Federation of Indian Chambers of Commerce & Industry (FICCI)          | Industry            |
|        8 | Department for Promotion of Industry & Internal Trade (DPIIT)         | Government          |
|        9 | Mr. John Cabeca, United States Patent & Trademark Office              | Foreign Government  |

More details can be found in the Law Commission's aforesaid report which can be accessed on the website of Law Commission.

- (d) & (e): The Cell for IPR Promotion and Management (CIPAM) in collaboration with the DPIIT-  IPR Chair at the National Law School of India University (NLSIU) had organized  a webinar on 'Protecting Trade Secrets' in July 2023.

Some of the other IP awareness programs which are regularly conducted by CIPAM all over India also touch upon trade secrets.

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