LEGAL PROTECTION OF TRADE SECRETS AGAINST EMPLOYEE MISAPPROPRIATION: A COMPARATIVE STUDY OF CIVIL AND CRIMINAL LIABILITY IN INDIA, THE UNITED STATES AND THE EUROPEAN UNION

Trade secrets represent a crucial type of commercially valuable information, specially in employment contexts where employees might access sensitive business strategies, technical methods, client databases, and proprietary knowledge. The unauthorized acquisition, utilization, or revelation of such information brings up issues regarding the range of legal protection, the degree of employee responsibilities, and the situations where misappropriation could incur civil or criminal liabilities. This article explores the legal system regulating employee theft of trade secrets by comparing the law operating in India, the United States, and the European Union. Utilizing a doctrinal and comparative approach, it examines pertinent laws, court rulings, international agreements, and legal doctrines regulating the safeguarding of confidential business information. The research examines India's dependence on contractual commitments and legal doctrines, the statutory structure of the United States under the Defend Trade Secrets Act of 2016, and the European Union's unified civil-protection system established by Directive (EU) 2016/943. It also analyses the difference between civil and criminal responsibility and the connection between trade-secret safeguarding and employee movement. The comparative analysis shows that, even though the jurisdictions vary in their legislative frameworks and available remedies, liability relies on the type of information, the context of its acquisition or use, and the legal stipulations pertinent to the specific jurisdiction. The document emphasizes the necessity of differentiating between the improper use of legally safeguarded confidential information and the legitimate utilization of general professional expertise and abilities gained while employed.