Trade Secrets Law in French Guiana (France)
Here’s an overview of Trade Secrets law in French Guiana (as it is an overseas region of France):
🇫🇷 1. Legal Framework
French Guiana follows the French legal system; hence, trade secrets are protected under French national law.
The primary legislation is Law No. 2018-670 of July 30, 2018, on the protection of trade secrets, which implemented the EU Trade Secrets Directive (Directive (EU) 2016/943) into French law.
Trade secrets are also protected under the French Intellectual Property Code (Code de la propriété intellectuelle) and civil law provisions.
2. Definition of Trade Secrets
A trade secret is defined as information that:
Is secret, meaning it is not generally known or readily accessible.
Has commercial value because it is secret.
Has been subject to reasonable steps to keep it confidential.
3. Protection Mechanisms
Protection arises through:
Confidentiality agreements (NDAs).
Legal actions against unlawful acquisition, use, or disclosure of trade secrets.
Covers any type of confidential business information, including technical, commercial, and financial data.
4. Enforcement and Remedies
Remedies include:
Injunctions to prevent misuse or disclosure.
Damages for losses caused.
Destruction or seizure of illicitly obtained materials.
French courts can issue protective orders during litigation to keep trade secrets confidential.
5. International Context
As a part of France, French Guiana is subject to EU law, including:
The EU Trade Secrets Directive.
The TRIPS Agreement through France’s WTO membership.
Summary Table
| Aspect | French Guiana (France) |
|---|---|
| Legal Framework | French Law (Law No. 2018-670 and Intellectual Property Code) |
| Definition | Secret, commercial value, reasonable protection |
| Protection Mechanisms | NDAs, civil actions for unlawful use or disclosure |
| Enforcement | Injunctions, damages, destruction/seizure |
| International Obligations | EU Directive, TRIPS Agreement |
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