Trade Secrets Law in East Timor
Timor-Leste (East Timor) has enacted Act No. 10/2017, known as the Industrial Property Code, which includes provisions for the protection of trade secrets. This legislation aligns with international standards, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), to safeguard confidential business information.
📜 Legal Framework
The Industrial Property Code defines trade secrets as any information that:(iPleaders)
Is not generally known or readily accessible to persons who normally deal with such information;(njt.hu)
Has commercial value because it is secret; and
Has been subject to reasonable steps by its rightful holder to keep it secret, including the use of confidentiality agreements for business partners and employees.
These criteria align with the World Intellectual Property Organization (WIPO)'s definition of trade secrets. (WIPO)
🔐 Protection Scope
Trade secrets in Timor-Leste encompass various types of confidential business information, including:
Technical information, such as manufacturing processes, formulas, and designs;
Commercial information, including customer lists, pricing strategies, and marketing plans;
Financial data, such as budgets and forecasts; and
Software source codes and other proprietary digital content.
The law protects these types of information from unauthorized acquisition, use, or disclosure.
⚖️ Enforcement and Legal Remedies
The Industrial Property Code provides several remedies for the unlawful acquisition, use, or disclosure of trade secrets:
Civil Actions: The legitimate holder of a trade secret can seek compensation for damages resulting from unauthorized use or disclosure.
Criminal Sanctions: Unauthorized acquisition, use, or disclosure of trade secrets with the intent to obtain profit or cause harm is considered a criminal offense, punishable by fines and imprisonment.
These provisions offer robust protection for trade secret holders, deterring potential infringers through significant legal consequences.
🛡️ Protection Measures
To ensure the protection of trade secrets, businesses in Timor-Leste are advised to:
Implement Confidentiality Agreements: Use non-disclosure agreements (NDAs) with employees, contractors, and partners.
Restrict Access: Limit access to confidential information to individuals who need to know for their work.
Label Confidential Information: Clearly mark documents and materials containing trade secrets as "confidential."
Train Employees: Educate staff about the importance of maintaining confidentiality and the legal implications of breaches.
By taking these steps, companies can demonstrate that they have taken "reasonable measures" to protect their trade secrets, a key requirement under Timor-Leste's law.
🌍 International Alignment
Timor-Leste's trade secrets law aligns with international standards, including the World Trade Organization (WTO)'s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which mandates the protection of trade secrets. Additionally, Timor-Leste's participation in various international treaties and agreements reinforces its commitment to safeguarding intellectual property rights.
RELATED Blog
0 comments