Trade Secrets Law in Brunei
Trade Secrets Law in Brunei
🇧🇳 Legal Framework
Brunei does not have a specific standalone trade secrets law. Instead, trade secret protection is largely derived from a combination of:
Common law principles (particularly breach of confidence);
Contract law (confidentiality agreements and non-disclosure agreements);
Relevant provisions under the Penal Code related to theft, breach of trust, or misappropriation.
Brunei, as a common law jurisdiction, protects trade secrets primarily through these mechanisms rather than specific legislation.
🔐 Protection Mechanisms
Breach of Confidence: Trade secrets are protected by the equitable doctrine of breach of confidence. This means a person who receives confidential information in circumstances importing an obligation of confidence is prohibited from disclosing or using that information without consent.
Contractual Agreements: Businesses and employers typically use confidentiality clauses, non-disclosure agreements (NDAs), and non-compete agreements to safeguard trade secrets.
Criminal Law: Unauthorized use or disclosure of confidential business information may potentially attract penalties under criminal laws for theft or breach of trust.
⚖️ Remedies and Enforcement
Injunctions: To prevent unauthorized use or disclosure of trade secrets.
Damages: Compensation for losses caused by misuse.
Account of Profits: Recovery of profits made through the misuse of trade secrets.
Criminal sanctions: In cases of theft or fraud involving confidential information.
🌍 International Influence
Brunei is a member of the World Trade Organization (WTO) and is expected to comply with the TRIPS Agreement provisions on trade secret protection, although these are mostly implemented through general legal principles rather than specific trade secret statutes.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Common law (breach of confidence), contract law, Penal Code |
| Definition | No statutory definition; protected as confidential information |
| Protection Mechanisms | Breach of confidence, NDAs, confidentiality agreements |
| Remedies | Injunctions, damages, account of profits, criminal penalties |
| International Framework | Compliance with TRIPS under WTO membership |
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