Trade Secrets Law in Kiribati
Here’s an overview of Trade Secrets law in Kiribati:
🇰🇮 Trade Secrets Law in Kiribati
1. Legal Framework
Kiribati does not have a specific statute dedicated exclusively to trade secrets.
Protection of trade secrets is mainly based on:
Common law principles inherited from English law, particularly breach of confidence.
Contract law — use of confidentiality agreements and NDAs.
Criminal law provisions regarding theft or misuse of confidential information may also apply.
Kiribati is a member of the World Trade Organization (WTO) and adheres to the TRIPS Agreement requirements on undisclosed information.
2. Protection Mechanisms
Trade secrets are protected primarily through:
Confidentiality clauses in contracts.
Legal actions based on breach of confidence.
The holder of the secret must take reasonable measures to keep the information confidential.
3. Enforcement
Remedies include:
Injunctions to prevent disclosure or misuse.
Damages to compensate for loss.
Criminal sanctions may be pursued for theft or unlawful disclosure.
Enforcement occurs through Kiribati’s courts.
4. International Treaties
Kiribati is a party to:
The WTO, complying with TRIPS provisions.
The Pacific Islands Forum and other regional trade agreements.
The Paris Convention via multilateral treaties.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Common law, contract law, criminal law |
| Specific Trade Secret Law | None |
| Protection Mechanism | NDAs, breach of confidence, confidentiality agreements |
| Enforcement | Injunctions, damages, criminal sanctions |
| International Treaties | WTO/TRIPS, Paris Convention |
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