Trade Secrets Law in Argentina
Here’s an overview of Trade Secrets Law in Argentina:
🇦🇷 Trade Secrets Law in Argentina
1. Legal Framework
Argentina does not have a specific, standalone trade secrets statute.
Protection of trade secrets is primarily governed by:
Law No. 11,723 (Intellectual Property Law)
Civil and Commercial Code of Argentina
Law No. 24,766 on Unfair Competition
Argentina also adheres to international agreements such as the TRIPS Agreement, requiring protection of undisclosed information.
2. Definition and Protection
A trade secret is defined as any confidential information that provides a business advantage, including formulas, methods, techniques, processes, customer lists, and other proprietary information.
Protection depends on:
The information being secret and not publicly known
The information having commercial value
Reasonable efforts taken to keep the information confidential
3. Applicable Laws
| Law / Regulation | Description |
|---|---|
| Law No. 11,723 (IP Law) | Protects intellectual property and recognizes protection of trade secrets indirectly. |
| Civil and Commercial Code | Provides remedies for breach of confidentiality and contracts. |
| Law No. 24,766 (Unfair Competition) | Prohibits acts of unfair competition, including misuse of trade secrets. |
4. Key Protection Mechanisms
Contractual Agreements: Non-disclosure agreements (NDAs), confidentiality clauses in employment contracts.
Breach of Confidentiality Claims: Civil claims against unauthorized disclosure or use.
Unfair Competition Claims: Legal action against competitors who improperly use trade secrets.
Criminal Sanctions: Under certain circumstances, unauthorized disclosure of business secrets can be criminally prosecuted.
5. Enforcement and Remedies
Remedies for trade secret misappropriation include:
Injunctions to stop unauthorized use or disclosure.
Monetary damages for losses caused.
Destruction or seizure of infringing materials.
Enforcement is handled through civil courts, and criminal courts in serious cases.
6. International Treaties
| Treaty / Agreement | Status |
|---|---|
| WTO/TRIPS Agreement | Member; obligations to protect trade secrets |
| Paris Convention | Member |
| WIPO Membership | Member |
7. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | No standalone statute; protection via IP, civil, and unfair competition laws |
| Protection basis | Confidentiality, contracts, unfair competition |
| Enforcement | Civil courts; injunctions, damages; criminal sanctions possible |
| International obligations | WTO/TRIPS, Paris Convention |
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