Trade Secrets Law in Brazil
Here’s an overview of Trade Secrets law in Brazil:
🇧🇷 Trade Secrets Law in Brazil
1. Legal Framework
Brazil does not have a specific statute solely dedicated to trade secrets.
Trade secrets are primarily protected under:
The Brazilian Industrial Property Law (Law No. 9,279/1996) — provides general protection related to industrial property, unfair competition, and confidential information.
The Brazilian Civil Code — covers contractual obligations and liability for unfair acts.
The Consumer Protection Code — protects consumers against misleading or unfair commercial practices.
The Brazilian Penal Code — contains provisions against industrial espionage and unauthorized disclosure of confidential information.
2. Definition of Trade Secrets
Defined broadly as any technical or commercial information that is secret, has commercial value, and is subject to reasonable confidentiality measures.
Includes:
Manufacturing processes
Formulas
Customer lists
Business strategies
Technical data
3. Protection Mechanisms
Unfair Competition:
Protection against unauthorized use, disclosure, or acquisition of trade secrets as unfair competition under Industrial Property Law.
Contract Law:
Confidentiality agreements, employment contracts, and NDAs are key tools.
Criminal Sanctions:
Industrial espionage and breach of confidentiality may result in criminal penalties.
4. Enforcement
Remedies for trade secret misappropriation include:
Injunctions to prevent use or disclosure.
Damages claims.
Criminal prosecution in cases involving theft or espionage.
Courts enforce confidentiality obligations and may order destruction or return of confidential materials.
5. International Obligations
Brazil is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
It has bilateral trade agreements containing provisions on protection of confidential information.
6. Practical Business Measures
Use strong NDAs and confidentiality clauses in contracts.
Implement internal security measures.
Train employees on confidentiality obligations.
Monitor and control access to sensitive information.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Law (Law 9,279/1996), Civil Code, Penal Code |
| Specific Trade Secret Law | No dedicated statute; protected via unfair competition and contracts |
| Definition | Secret technical or commercial info with commercial value |
| Enforcement | Injunctions, damages, criminal sanctions |
| International Compliance | WTO TRIPS Agreement |
| Practical Protection | NDAs, confidentiality clauses, internal controls |
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