Trade Secrets Law in Macau
Here’s an overview of the Trade Secrets Law in Macau:
🇲🇴 Trade Secrets Law in Macau
1. Legal Framework
Macau is a Special Administrative Region of China with its own legal system based on Portuguese civil law traditions.
Trade secrets protection in Macau is primarily governed by:
The Macau Commercial Code (Código Comercial).
The Macau Penal Code, which addresses criminal offenses related to unfair competition and trade secret violations.
Provisions related to unfair competition and industrial property rights.
Macau is a member of the World Intellectual Property Organization (WIPO) and adheres to international IP treaties, though it is not directly part of China’s IP system.
2. Definition of Trade Secrets
Trade secrets are understood as confidential commercial information that:
Is not publicly known or easily accessible.
Has commercial value because it is secret.
Is subject to reasonable measures by the holder to maintain secrecy.
3. Protection and Enforcement
Protection is mainly through:
Civil law claims based on breach of confidence or unfair competition.
Criminal sanctions under the Penal Code for industrial espionage, theft, or unlawful disclosure of trade secrets.
Remedies include:
Injunctions to stop unauthorized use or disclosure.
Damages for economic harm caused.
Criminal penalties including fines and imprisonment in serious cases.
4. Practical Considerations
Businesses are advised to use confidentiality agreements (NDAs) and include confidentiality clauses in employment contracts.
Implement internal security policies to protect sensitive information.
Document efforts to maintain confidentiality, which supports legal enforcement.
5. International Context
Macau aligns with international IP standards through WIPO.
Though separate from Mainland China’s system, Macau provides robust local protection of trade secrets.
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