Trade Secrets Law in Mauritius
Here’s an overview of Trade Secrets Law in Mauritius:
🇲🇺 Trade Secrets Law in Mauritius
1. Legal Framework
Mauritius does not have a specific standalone statute exclusively for trade secrets.
Trade secrets protection is primarily governed by:
Common law principles of breach of confidence.
Contract law, including confidentiality clauses and Non-Disclosure Agreements (NDAs).
Unfair competition law, preventing unlawful use of confidential business information.
Relevant criminal laws may also apply for theft or unauthorized disclosure.
Mauritius is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
2. Definition of Trade Secrets
While not explicitly defined in legislation, trade secrets typically mean:
Confidential business information or know-how.
Information that has commercial value because it is secret.
Information subject to reasonable steps to maintain confidentiality.
3. Protection Mechanisms
Protection mainly through:
Confidentiality agreements (NDAs) and employment contracts.
Common law action for breach of confidence.
Protection against unfair competition practices.
Companies usually implement internal policies and procedures to protect sensitive information.
4. Enforcement
Remedies available include:
Injunctions to prevent misuse or further disclosure.
Damages or compensation for losses caused by breach.
Criminal prosecution for theft or unauthorized disclosure under applicable laws.
Enforcement occurs through Mauritius courts.
5. International Treaties
Mauritius is a party to:
WTO/TRIPS Agreement.
Paris Convention for the Protection of Industrial Property.
Various WIPO treaties.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Common law (breach of confidence), contract law, unfair competition law |
| Specific Trade Secret Law | None |
| Protection Mechanism | NDAs, breach of confidence, confidentiality policies |
| Enforcement | Injunctions, damages, possible criminal sanctions |
| International Treaties | WTO/TRIPS, Paris Convention |
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