ROLE OF TRADE SECRET LAWS IN TECHNOLOGY TRANSFER
AUTHOR – ROHIT KUMAR, STUDENT AT AMITY UNIVERSITY PATNA
BEST CITATION – ROHIT KUMAR, ROLE OF TRADE SECRET LAWS IN TECHNOLOGY TRANSFER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 498-504, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
In an era defined by rapid technological change and global knowledge dissemination, the transfer of innovation from research institutions to industry serves as a cornerstone of economic growth and competitiveness. Among the intellectual property (IP) tools available, trade secret law occupies a unique place: unlike patents, which require public disclosure and offer time-limited exclusivity, trade secrets derive their value from maintained confidentiality and may endure indefinitely if secrecy is preserved. This paper examines the role of trade secret protection in the process of technology transfer, exploring both its enabling and constraining effects. First, it reviews the theoretical bases of technology transfer and trade secret law, addressing how knowledge is codified, protected, and commercialised. Next, it analyses practical mechanisms—such as licensing, institutional strategies, and collaborative models—through which trade secrets influence institutional behaviour, inventor incentives, and industry engagement. Legal reasoning and precedent under trade secret jurisprudence demonstrate how confidentiality obligations, misappropriation doctrines, and institutional practices shape the ecosystem of innovation. The paper then contrasts the experiences of the United States and Italy to illustrate how institutional maturity, legal[1] frameworks, and cultural norms affect the utility of trade secret protection in technology commercialisation. Finally, it addresses emerging challenges—especially transparency and accountability in the digital age—highlighting that while trade secret law can be a powerful enabler of technology transfer, its effectiveness depends critically on robust institutional support, tailored contractual regimes, and an appropriate balance between proprietary advantage and public interest. The findings suggest that policymakers, TTOs[2] (Technology Transfer Offices), and research institutions must adopt strategies that integrate trade secret protection with broader innovation governance, ensuring that the benefits of technological knowledge are realised while safeguarding societal values.
Key words: technological, protection, influence, commercialised, secrecy
[1] Abramo, G. (2006)
[2] Abramo, G., & D’Angelo, C. A. (2009).