Trade Secrets Law in Comoros
Here’s an overview of Trade Secrets Law in Comoros:
🇰🇲 Trade Secrets Law in Comoros
1. Legal Framework
Comoros does not have a specific standalone law exclusively addressing trade secrets. However, protection is available under:
General civil and commercial law principles
Unfair competition provisions
International treaty obligations such as the TRIPS Agreement
Trade secrets are recognized under general obligations of confidentiality and contractual duties in business and employment relationships.
2. Definition of Trade Secrets
There is no statutory definition, but under general legal principles and international standards (e.g., TRIPS), trade secrets typically include:
Business or technical information that is:
Not publicly known
Has commercial value
Is subject to reasonable efforts to maintain secrecy
Examples include customer lists, manufacturing processes, formulas, and marketing strategies.
3. Sources of Protection
| Legal Source | Role in Protection |
|---|---|
| Civil Code of Comoros | Protects confidential information through contract and tort law |
| Unfair Competition Law | Provides protection against dishonest business practices (e.g., misappropriation) |
| Employment Contracts | Often include confidentiality clauses to protect business information |
| TRIPS Agreement | Comoros, as a WTO member, must protect undisclosed information (Article 39) |
4. Enforcement Mechanisms
Civil Remedies:
Injunctions to prevent disclosure or misuse
Damages for losses caused by misappropriation
Contractual Remedies:
Enforcement of NDAs and confidentiality agreements
Criminal Liability:
Not typically applicable unless theft or fraud is involved
5. Administrative and Judicial Institutions
National Industrial Property Office (ONIPI): Oversees IP-related matters (not specifically trade secrets)
Civil courts: Handle enforcement of trade secret violations via civil suits
6. International Obligations
| Treaty/Agreement | Status |
|---|---|
| WTO/TRIPS Agreement | Member (since 1995) |
| Paris Convention (WIPO) | Member |
| ARIPO (observer status) | Not a full member |
TRIPS Article 39 requires Comoros to protect undisclosed information against unfair commercial use and disclosure.
7. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | No standalone law |
| Legal basis for protection | Civil code, unfair competition law, contracts |
| Enforcement | Through civil courts (injunctions, damages) |
| International compliance | TRIPS Agreement, Paris Convention |
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