Trade Secrets Law in Martinique (France)
Trade Secrets Law in Martinique (France)
π«π· Legal Framework
Martinique is an overseas department and region of France, which means it is fully subject to French law, including French intellectual property and trade secrets laws.
The primary law protecting trade secrets in Martinique is therefore the same as in mainland France:
Law No. 2018-670 of July 30, 2018 (Trade Secrets Law), which implements the EU Trade Secrets Directive (Directive (EU) 2016/943) into French law;
Relevant provisions of the French Intellectual Property Code (Code de la propriΓ©tΓ© intellectuelle).
π Definition of Trade Secrets
Under French law (and thus applicable in Martinique), a trade secret is information that:
Is secret (not generally known or easily accessible to those within the relevant circles);
Has commercial value due to its secrecy;
Has been subject to reasonable steps by its holder to keep it secret.
π‘οΈ Protection Scope
Trade secrets are protected against:
Unlawful acquisition (theft, espionage, bribery);
Unlawful use or disclosure, including breaches of confidentiality agreements;
Other acts violating confidentiality.
βοΈ Remedies and Enforcement
Legal remedies for trade secret violations include:
Injunctions to stop or prevent further unauthorized use or disclosure;
Damages for losses caused by misappropriation;
Corrective measures, such as recall or destruction of infringing goods;
Confidentiality protections during court proceedings;
Criminal sanctions for industrial espionage and intentional breaches.
π International Context
Since Martinique is part of France and the European Union, it fully complies with the EU Trade Secrets Directive and the TRIPS Agreement under the WTO.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | French Law No. 2018-670 (2018), Intellectual Property Code |
| Definition | Secret, commercially valuable info subject to reasonable secrecy |
| Protection Scope | Against unlawful acquisition, use, and disclosure |
| Remedies | Injunctions, damages, corrective measures, confidentiality in court, criminal sanctions |
| International Framework | EU Trade Secrets Directive, TRIPS Agreement |
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