Trade Secrets
Legal Basis
There is no specific law governing trade secrets. However, trade secrets may be protected through contracts and agreements between various parties either as part of the main contract/agreement or a separate Non-Disclosure Agreement between the parties which is governed by the Contract Act, 1872.
Membership in International Conventions
– WTO's TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 22, 2004.
Protection
Definition: there is no definition of a trade secret under any law in Pakistan. It is up to the contractual parties to define what amounts to a "trade secret", either in the main contract or a separate Non-Disclosure Agreement.
Assignment - licensing: trade secrets may be added in Non-Disclosure Agreements or made a part of it under any license or franchise agreements; however, it is subject to contractual law between the parties and the penalties vary accordingly.
Remedies for misappropriation: any infringement of a trade secret may constitute as a cause of action for a suit for damages. Furthermore, if a trade secret has been protected in any contract or an agreement then the remedies available are those for breach of contract and include injunctions, specific performance, damages etc.