Trade Secrets Law in Guinea-Bissau
Here’s an overview of Trade Secrets Law in Guinea-Bissau:
🇬🇼 Trade Secrets Law in Guinea-Bissau
1. Legal Framework
Guinea-Bissau does not have a dedicated law on trade secrets, but protection is available under:
General civil and commercial law (obligations, contracts, and torts),
Unfair competition provisions under national and regional law,
Membership in the African Intellectual Property Organization (OAPI) through the Bangui Agreement (Act of 2015), which provides indirect protection for trade secrets,
WTO/TRIPS Agreement, which mandates protection of undisclosed information (Article 39).
2. Definition of Trade Secrets
There is no statutory definition in national law, but under OAPI regulations and TRIPS standards, a trade secret typically refers to:
Information that is not generally known or readily accessible,
Has commercial value due to its secrecy,
Is protected by reasonable steps to maintain confidentiality.
Examples: manufacturing processes, customer databases, formulas, business strategies.
3. Sources of Protection
| Legal Source | Role in Protection |
|---|---|
| Bangui Agreement (2015 Act) | Provides regional IP framework including unfair competition law |
| Civil and Commercial Law | Contract law and tort law protect confidential information |
| TRIPS Agreement (WTO) | Requires legal means to protect trade secrets and confidential business information |
4. Enforcement Mechanisms
Civil Remedies:
Injunctions to stop the use or disclosure of trade secrets,
Compensation for damages caused by misappropriation.
Contractual Enforcement:
Use of NDAs and confidentiality clauses in contracts with employees, partners, and suppliers.
Unfair Competition Law:
Allows action against unauthorized use of confidential business information in competition.
5. Administrative and Judicial Authorities
Guinea-Bissau Ministry of Justice and National Directorate of Industrial Property manage IP matters.
OAPI (Organisation Africaine de la Propriété Intellectuelle) handles regional IP administration.
Civil courts are responsible for handling disputes related to trade secret misappropriation.
6. International Agreements
| Treaty / Agreement | Status |
|---|---|
| WTO/TRIPS Agreement | Member |
| Bangui Agreement (OAPI) | Member |
| Paris Convention (WIPO) | Member |
7. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | No; protection through civil law, unfair competition, and OAPI rules |
| Definition | Based on TRIPS and OAPI: secret, commercially valuable, and protected information |
| Enforcement | Through civil courts; contractual and tort-based remedies |
| International obligations | WTO/TRIPS, Paris Convention, OAPI (Bangui Agreement) |
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