Trade Secrets Law in Bangladesh
Here’s an overview of Trade Secrets law in Bangladesh:
🇧🇩 Trade Secrets Law in Bangladesh
1. Legal Framework
Bangladesh does not have a specific, standalone Trade Secrets law.
Protection of trade secrets is primarily covered under:
Common Law principles (contract law, tort law on breach of confidence).
The Contract Act, 1872 — governs confidentiality agreements and contracts.
The Penal Code, 1860 — can apply in cases of theft or criminal breach of trust.
Recent moves and discussions suggest growing interest in introducing dedicated trade secret legislation, but none is in force yet.
2. Protection Mechanisms
Trade secrets in Bangladesh are protected mainly through contractual agreements:
Non-Disclosure Agreements (NDAs) or confidentiality clauses in employment and business contracts.
These contracts prohibit unauthorized disclosure or use of confidential information.
Breach of confidence is recognized by courts and can lead to injunctions or damages.
Criminal penalties may be invoked in cases of theft or misappropriation under general laws.
3. Enforcement
Trade secret holders rely on civil remedies like:
Injunctions to prevent further disclosure.
Claims for damages or compensation.
Enforcement through courts requires proving:
Existence of confidential information.
Reasonable steps to keep it secret.
Unauthorized disclosure or use.
Criminal enforcement is limited but possible under related theft or cheating provisions.
4. International Treaties
Bangladesh is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which requires protection of undisclosed information.
However, local laws lag behind in specific trade secret legislation.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Common law principles, Contract Act 1872, Penal Code 1860 |
| Specific Trade Secret Law | None |
| Protection Mechanism | NDAs, confidentiality agreements, breach of confidence |
| Enforcement | Civil remedies (injunction, damages), limited criminal |
| International Treaties | WTO/TRIPS |
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