Trade Secrets Law in Algeria

Algeria's legal framework for the protection of trade secrets is evolving but remains underdeveloped compared to international standards.

📜 Legal Framework

Algeria does not have a dedicated law solely for trade secrets. Instead, trade secrets are primarily protected under the Ordinance No. 03-05 of 2003 on Copyright and Related Rights, which includes provisions for the protection of undisclosed information. Additionally, Law No. 20-06 of 2020 on the Prevention and Fight Against Corruption contains provisions that can be applied to the protection of trade secrets in cases of misappropriation or unauthorized disclosure. (IP Helpdesk)

🔐 Definition and Scope

A trade secret in Algeria is generally understood to be information that:

Is not generally known or readily accessible to persons who normally deal with the kind of information in question;

Has commercial value because it is secret; and(IP STARS)

Has been subject to reasonable steps by the lawful holder to keep it secret.

This aligns with the common international definition of trade secrets.

⚖️ Legal Remedies and Enforcement

While Algeria's legal framework provides some protection for trade secrets, enforcement remains a challenge. The legal provisions allow for civil remedies in cases of unauthorized acquisition, use, or disclosure of trade secrets. However, the effectiveness of these remedies is limited by the overall enforcement environment in Algeria, which has been characterized by weaknesses in intellectual property rights protection. (Trade.gov)

🌍 International Context

Algeria is not a member of the World Trade Organization (WTO) and is not a signatory of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Consequently, it is not bound by the TRIPS provisions that mandate the protection of trade secrets. This status affects the country's alignment with international standards for intellectual property protection. (IP Helpdesk)

📉 Global IP Index

In the 2025 International IP Index, Algeria scored 0.50 out of 1.00 for the protection of trade secrets, indicating significant gaps in both civil and criminal remedies for trade secret misappropriation. This score reflects the challenges in enforcing trade secret protections within the country. (U.S. Chamber of Commerce)

✅ Summary

Legal Framework: Trade secrets are protected under existing laws, but there is no dedicated legislation.

Protection Scope: Protection is available but may be limited in scope and effectiveness.

Enforcement: Enforcement mechanisms are present but may be weak or inconsistently applied.

International Alignment: Algeria is not a member of the WTO and is not a signatory of the TRIPS Agreement, affecting its alignment with international standards.

 

LEAVE A COMMENT

0 comments