Trade Secrets Law in Guam (US)
In Guam, trade secrets are primarily protected under criminal law through the Guam Code Annotated (GCA). While Guam has not adopted the Uniform Trade Secrets Act (UTSA) or enacted a dedicated civil statute for trade secret protection, certain provisions within its criminal code address the unauthorized acquisition and use of confidential business information.(Guam Legislature)
🔐 Legal Framework for Trade Secrets in Guam
1. Guam Code Annotated (GCA) Title 9, Chapter 43 – Theft and Related Offenses
Under this chapter, "property" is broadly defined to include "trade secrets," encompassing both tangible and intangible assets. Specifically, Section 43.10(d) states:(Guam Legislature)
"Property means anything of value, including real estate, tangible and intangible personal property, contract rights, choses in action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, trade secrets, agricultural product..." (Guam Legislature)
This inclusion allows for the prosecution of individuals who unlawfully acquire, use, or disclose trade secrets under theft-related offenses.
2. Absence of a Civil Statute for Trade Secret Protection
Unlike many U.S. states and territories, Guam has not adopted the UTSA or enacted a specific civil statute that provides remedies for trade secret misappropriation. Consequently, businesses seeking civil remedies must rely on general tort principles, such as breach of fiduciary duty or unfair competition, and contractual agreements like non-disclosure agreements (NDAs).(Wikipedia)
🛡️ Practical Measures for Businesses
Given the limited statutory protection, businesses in Guam should proactively implement internal measures to safeguard their confidential information:
Non-Disclosure Agreements (NDAs): Utilize NDAs with employees, contractors, and business partners to legally bind them to confidentiality obligations.
Internal Policies: Develop and enforce internal policies that clearly define trade secrets and outline procedures for handling and protecting confidential information.
Access Controls: Limit access to sensitive information to authorized personnel only.
Employee Training: Educate employees about the importance of confidentiality and the company's policies regarding trade secrets.
Exit Procedures: Establish protocols to ensure that departing employees return or destroy confidential materials and are reminded of their ongoing confidentiality obligations.
✅ Summary
While Guam lacks a dedicated civil statute for trade secret protection, its criminal code provides a framework for addressing the unauthorized acquisition and use of trade secrets. Businesses are advised to implement robust internal measures and contractual agreements to safeguard their confidential information effectively.
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