Trade Secrets Law in Myanmar
Trade Secrets Law in New Caledonia (France)
New Caledonia is a special collectivity of France, which means French national laws apply there โ including laws on trade secrets. Therefore, the Trade Secrets Law in New Caledonia is governed by French law, particularly the legislation that implemented the EU Directive on Trade Secrets (2016/943).
๐ซ๐ท Applicable Law: French Trade Secrets Law (2018)
France implemented the EU Trade Secrets Directive through:
Law No. 2018-670 of 30 July 2018, on the protection of undisclosed know-how and business information (trade secrets) against unlawful acquisition, use, and disclosure.
This law applies in New Caledonia as part of the French legal system.
๐ What Is Protected?
Under French law, a trade secret is any information that meets the following criteria:
Secret: Not generally known or readily accessible.
Commercial Value: Has actual or potential commercial value because it is secret.
Reasonable Protection Measures: Subject to reasonable steps by the rightful holder to keep it secret.
Examples include:
Client lists
Manufacturing processes
Marketing strategies
Financial data
๐ซ Prohibited Acts
The law prohibits the following without authorization:
Acquisition of trade secrets through theft, bribery, deception, breach of confidentiality, etc.
Use or disclosure of trade secrets by someone who knew (or should have known) the information was obtained unlawfully.
Production, offering, or placing on the market goods that significantly benefit from unlawfully obtained trade secrets.
โ๏ธ Legal Remedies
Holders of trade secrets may seek:
Injunctions (to stop use/disclosure)
Seizure or destruction of infringing products
Damages for losses
Confidentiality measures during legal proceedings
๐งพ Enforcing Protection in Practice
Companies in New Caledonia should:
Use non-disclosure agreements (NDAs)
Clearly classify and limit access to trade secrets
Educate staff about confidentiality obligations
Ensure technical and organizational safeguards are in place
๐ International Compliance
The French trade secrets framework, and by extension that of New Caledonia, is:
Aligned with the EU Directive 2016/943
Compliant with the TRIPS Agreement (Article 39) under the WTO
โ Summary Table
| Feature | Status in New Caledonia (France) |
|---|---|
| Dedicated Trade Secrets Law | โ Yes (French Law No. 2018-670) |
| Based on EU Directive | โ Yes (Directive 2016/943) |
| TRIPS Compliance | โ Yes |
| Civil & Criminal Remedies | โ Yes (mainly civil, limited criminal) |
| Applicable in New Caledonia | โ Fully |
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