Trade Secrets Law in Cuba
Here’s an overview of Trade Secrets law in Cuba:
🇨🇺 Trade Secrets Law in Cuba
1. Legal Framework
Cuba protects trade secrets primarily under:
Law No. 118 on the Protection of Intellectual Property (1997, amended), which includes provisions on industrial property and confidential information.
Law on Inventions and Utility Models (1994).
The Civil Code governs contracts and obligations, including confidentiality agreements.
Specific provisions on trade secrets fall under unfair competition laws and industrial property protections.
Cuba is a member of the World Intellectual Property Organization (WIPO) and a signatory to several international IP treaties.
2. Definition of Trade Secrets
Trade secrets are understood as technical or commercial information that:
Is not generally known or easily accessible,
Has commercial value due to its secrecy,
Is subject to reasonable steps to keep it confidential.
3. Protection Mechanisms
Protection is provided through:
Civil law remedies against unauthorized acquisition, use, or disclosure.
Contractual agreements such as confidentiality clauses and NDAs.
Administrative measures through the Cuban Intellectual Property Office.
Misappropriation of trade secrets may result in civil liability and fines.
4. Enforcement
Enforcement can be pursued via:
Administrative complaints to relevant government authorities,
Civil lawsuits seeking injunctions and damages,
Criminal penalties in cases of industrial espionage or deliberate breaches.
Courts in Cuba tend to follow state-driven enforcement approaches consistent with the country’s socialist legal framework.
5. International Context
Cuba has acceded to the Paris Convention for the Protection of Industrial Property.
It cooperates with WIPO on intellectual property matters.
Although not a WTO member, Cuba respects international norms on IP protection.
6. Practical Advice
Businesses operating in Cuba should:
Use confidentiality agreements tailored to Cuban law,
Implement internal security policies to protect confidential info,
Maintain clear records of confidentiality measures,
Work with local legal counsel to navigate administrative and legal processes.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law No. 118 on Intellectual Property, Civil Code |
| Definition | Confidential info with commercial value, kept secret |
| Protection | Civil remedies, contracts, administrative enforcement |
| Enforcement | Administrative actions, civil lawsuits, criminal sanctions |
| International Compliance | Paris Convention, WIPO membership |
| Practical Protection | NDAs, confidentiality clauses, internal security policies |
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