Trade Secrets Law in Honduras
Trade Secrets Law in Honduras
🇭🇳 Legal Framework
Honduras does not have a specific, standalone trade secrets law. Trade secret protection is primarily derived from:
General civil law principles related to breach of confidentiality and unfair competition;
Commercial Code provisions addressing business practices and unfair competition;
Contract law, especially confidentiality and non-disclosure agreements (NDAs);
Relevant criminal laws that penalize theft, fraud, or industrial espionage.
Honduras is a member of the World Trade Organization (WTO) and is therefore bound by the TRIPS Agreement, which requires protection of undisclosed information (trade secrets).
🔐 Definition and Protection
There is no formal statutory definition of trade secrets in Honduran law. However, protection generally covers:
Confidential business information that is not publicly known;
Information that provides a competitive advantage;
Information that the owner has taken reasonable steps to keep confidential;
Protection against unauthorized acquisition, use, or disclosure.
⚖️ Remedies and Enforcement
Protection of trade secrets in Honduras is enforced through:
Civil lawsuits for breach of contract or unfair competition;
Injunctions to prevent misuse or disclosure;
Damages for losses resulting from trade secret misappropriation;
Criminal penalties may apply in cases involving theft, fraud, or industrial espionage.
🌍 International Compliance
As a WTO member, Honduras must comply with the TRIPS Agreement requirements for trade secret protection. However, enforcement can be limited due to challenges in legal infrastructure.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | General civil law, commercial code, contract law |
| Definition | No statutory definition; confidential info giving competitive edge |
| Protection Scope | Against unauthorized acquisition, use, or disclosure |
| Remedies | Injunctions, damages, civil and criminal penalties |
| International Framework | TRIPS Agreement compliance |
RELATED Blog
0 comments