Trade Secrets Law in Gambia
Here’s an overview of Trade Secrets law in The Gambia:
🇬🇲 Trade Secrets Law in The Gambia
1. Legal Framework
The Gambia does not have a specific statute solely dedicated to trade secrets.
Trade secrets protection is primarily based on:
Common law principles, especially breach of confidence.
Contract law — use of confidentiality agreements and non-disclosure agreements (NDAs).
Criminal laws addressing theft, breach of trust, or unauthorized disclosure.
The Gambia is a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement provisions protecting undisclosed information.
2. Protection Mechanisms
Protection relies heavily on:
Confidentiality obligations embedded in contracts.
Legal remedies available under breach of confidence.
Reasonable steps by trade secret holders to maintain confidentiality.
NDAs and employment contracts with confidentiality clauses are standard tools.
3. Enforcement
Available remedies include:
Civil injunctions preventing further unauthorized disclosure or use.
Monetary damages to compensate for losses.
Criminal sanctions may be applied for theft or unauthorized use under relevant laws.
Enforcement is conducted via Gambian courts.
4. International Treaties
The Gambia participates in:
WTO, adhering to TRIPS.
African Regional Intellectual Property Organization (ARIPO).
Paris Convention for the Protection of Industrial Property.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Common law, contract law, criminal law |
| Specific Trade Secret Law | None |
| Protection Mechanism | NDAs, breach of confidence, contractual confidentiality |
| Enforcement | Injunctions, damages, possible criminal sanctions |
| International Treaties | WTO/TRIPS, ARIPO, Paris Convention |
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