Agriculture in India has positioned itself as a core industry, serving as a primary source of income for over 70% of rural households to facilitate the continuing growth of the industry, the development of resilient plant varieties and superior quality of seeds is critical. Recognising this, nations across the globe have embraced protection for plant varieties to foster innovation. 

In a detailed post, we covered the various amendments brought about by the Jan Vishwas (Amendment of Provisions) Act, 2023 (JV Act) to the intellectual property legislation in India. As a quick recap, the JV Act was passed by the Lok Sabha on 27 June 2023 and by the Rajya Sabha on 2 August 2023, receiving the President’s assent on 11 August 2023. The objective of the JV Act is to enhance trust-based governance and facilitate ease of doing business in the country through decriminalisation and rationalisation of various ‘minor’ offences. 

A trade secret is any business information that is kept confidential to maintain an advantage over competitors. As opposed to conventional forms of intellectual property such as patents and designs that require public disclosure for grant of statutory rights, the value of a trade secret lies in its confidentiality. If maintained carefully, a trade secret can potentially enjoy perpetual protection.