Trade Secrets Law in French Polynesia (France)
Here’s an overview of Trade Secrets law in French Polynesia (as an overseas collectivity of France):
🇵🇫 1. Legal Framework
French Polynesia follows the French legal system, so trade secrets are governed by French national laws.
The key legislation is Law No. 2018-670 of July 30, 2018, which transposed 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 related civil law provisions.
2. Definition of Trade Secrets
A trade secret is information that:
Is secret — not generally known or easily accessible.
Has commercial value because of its secrecy.
Is subject to reasonable steps to keep it confidential.
3. Protection Mechanisms
Protection is ensured through:
Confidentiality agreements (NDAs).
Legal actions against the unlawful acquisition, use, or disclosure of trade secrets.
The scope includes any type of confidential business information, technical or commercial.
4. Enforcement and Remedies
Remedies include:
Injunctions to prevent misuse or disclosure.
Monetary damages for losses.
Destruction or seizure of unlawfully obtained materials.
Courts can also impose protective measures during litigation to safeguard secrets.
5. International Context
As part of France, French Polynesia adheres to:
The EU Trade Secrets Directive.
The TRIPS Agreement through France’s WTO membership.
Summary Table
| Aspect | French Polynesia (France) |
|---|---|
| Legal Framework | French Law (Law No. 2018-670 and Intellectual Property Code) |
| Definition | Secret, commercial value, reasonable protection |
| Protection Mechanisms | NDAs, civil remedies against misuse or disclosure |
| Enforcement | Injunctions, damages, destruction/seizure |
| International Obligations | EU Directive, TRIPS Agreement |
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