International Journal of Law 20 International Journal of Law ISSN: 2455-2194; Impact Factor: RJIF 5.12 Received: 29-05-2019; Accepted: 01-07-2019 www.lawjournals.org Volume 5; Issue 5; September 2019; Page No. 20-24 Role of Trade Secret Protection Laws in the Development of Indo-Brazilian Bilateral Trade & Investment M.Z.M. Nomani 1* , Zubair Ahmed 2 , Mohammad Rauf 3 1 Professor, Faculty of Law, Aligarh Muslim University, Aligarh, Uttar Pradesh, India 2 Research Scholar, Faculty of Law, Aligarh Muslim University, Aligarh, Uttar Pradesh, India 3 Assistant Professor, Faculty of Law & Islamic Studies, Maldives National University, Male, Maldives Abstract Trade secret is vital information for the commercial enterprise for the extra traditional IP rights with copyrights, patents or trademarks. The trade secret protection offers companies a better course to avoid patent discoveries and critical patenting procedures for inventiveness. The trade secret laws, policies and judicial attitude provide an array of interesting protection canopy, infringement scenario and equitable remedies in Indo-Brazil jurisdictions. Both emerged major contributor to industrial development and competitive benefits in BRICS regions. The foundational values of two legal systems are different however there great commonalities and congruence in trade secret protection regime. Both countries’ trade secret laws are insightful as they offer a cluster of civil, criminal and equitable remedies. Under this backdrop, the significance of trade secret protection in India and Brazil is discussed in terms of bilateral trade and development. It also offers a deep insight into the comparative IP jurisprudence of Indo-Brazilian law as a potential instrument of innovation and competitiveness. Keywords: trade secret protection, undisclosed information, comparative IP jurisprudence, bilateral trade, equitable remedies misappropriation, BRICS 1. Introduction Protection of trade secrets is a component of the general concept of protection against unfair competition under equity, contract and intellectual property. This is confidential information for a competitive edge for a business which includes mechanized, industrial and commercial secrets. It may assume as manufacturing processes, distribution methods, advertising strategies, sales methods, consumer profiles, and lists of suppliers and client relationships. Trade secret protection is instantaneously effectual as compared to patents which may take years to materialize (Rowe & Sandee, 2015) [1] . Article 39 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1995 has defined it as information which is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question. It must have commercial value and subject to reasonable steps by the rightful holder of the information to keep it secret through confidentiality agreements (Melvin, 2014) [2] . Unlike patents, trade secrets provide protection without registration or other procedural formalities for an indefinite time. It additionally provides a whole photo of the various ways of protecting the change consisting of the felony gadget, sui generis device, and international agreement bearing trade secret protection(Nomani, 2018) [3] . Though India’s diplomatic relations with Brazil dates back to 1948, it opened the industrial and commercial hub of Brazil in 1996 (Nomani & Rahman, 2011) [4] . since then India-Brazil bilateral relations are in a state of clearly discernible upswing trend. The two countries share common democratic values and developmental aspirations. Both are large developing countries, each an important player in its BRICS region, both stable, secular, multi-cultural, multi- ethnic, large democracies as well as trillion-dollar economies (Nomani & Raj, 2016) [5] . The trade secret laws, policies and judicial attitude provide an array of interesting protection canopy, infringement scenario and equitable remedies available to an aggrieved person with respect to Indo-Brazil scenarios. The cluster of remedies available for the protection trade secret laws is insightful of civil, criminal and equitable remedies across two jurisdictions. The foundational values of two legal systems are different however there great commonalities and congruence in trade secret protection regime. Thus it emerged major contributor to industrial development and competitive benefits to both nations in the last two decades. 2. Material and Methods This comparative jurisprudential study attempts to deepen understanding of the international legal protection, Indian and Brazilian trade secret laws in the broader objectives of the Paris Agreement, 1967 and TRIPS Agreement, 1995. It appraises the pragmatic discourse of Indian and Brazilian trade secret laws to draw distinctive features for a vibrant IP regime. These two countries’ juridical mooring stand apart but in terms of bilateral trade and investment shares a cohesiveness and competitiveness, therefore the methodology partakes the comparative law method tilted to qualitative and quantitative research in the doctrinal and semi-empirical framework. The Indian common law method of study along with the statutory legal interpretation is followed with a judicial analysis of doctrines. Where as in Brazilian context the promulgating ordinances and judicial pronouncements and prosecutorial system of justice have been studied in the context of Brazilian Industrial Property