Introduction to Protection of undisclosed information

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Use of information that is of economic value to one who has either created it or acquired it, and which is not known to the public, and which he intends to be kept confidential can be restrained if the use is without the consent of the owner of that information. The information referred to here is variously called confidential information, proprietary information, trade secrets, etc. TRIPS terms it as undisclosed information and has stipulated, through Article 39, that it is an obligation of the member countries to provide protection against unauthorized disclosure, use or acquisition of undisclosed information by others.