Trade Secrets Law in San Marino
Trade Secrets Law in San Marino
San Marino does not have a standalone Trade Secrets Law, but trade secrets are protected under a combination of:
General civil and criminal laws
Intellectual property (IP) regulations
Contract law
International obligations, particularly under the TRIPS Agreement
As a small European state, San Marino aligns many of its legal frameworks with international and European standards, though it is not a member of the European Union.
1. Legal Protection of Trade Secrets
a. Civil Law Protections
Under San Marino’s Civil Code, trade secrets are typically protected through:
Contractual obligations such as confidentiality agreements (NDAs)
Tort law for acts causing unfair competition or economic harm through misuse of confidential information
b. Criminal Law Protections
The San Marino Penal Code prohibits acts such as:
Industrial espionage
Theft or unauthorized disclosure of confidential business information
Breach of trust by employees or partners
c. Intellectual Property Framework
Trade secrets are considered part of the broader category of intellectual property rights, although not registered.
No formal registration system for trade secrets exists.
2. Definition of Trade Secrets (Generally Recognized)
While there is no formal statutory definition, trade secrets in San Marino are generally understood as:
“Any confidential business information that is not generally known or accessible, has commercial value due to its secrecy, and has been subject to reasonable steps to keep it confidential.”
This aligns with the TRIPS Agreement, Article 39.
3. International Commitments
San Marino is a member of the World Trade Organization (WTO) and thus bound by the TRIPS Agreement, which requires:
Protection of undisclosed information
Legal remedies against unlawful acquisition, use, or disclosure
Although not part of the EU, San Marino tends to harmonize its laws with European practices and may follow trade secret principles found in the EU Directive 2016/943 as guidance.
4. Enforcement Mechanisms
| Type of Protection | Available in San Marino |
|---|---|
| Civil remedies | ✅ Yes (damages, injunctions) |
| Contractual enforcement (NDAs) | ✅ Yes |
| Criminal prosecution | ✅ In serious cases |
| Administrative/registration system | ❌ No |
| TRIPS compliance | ✅ Yes |
5. Recommendations for Businesses
Use Non-Disclosure Agreements (NDAs) with employees, partners, and contractors.
Mark trade secret documents as confidential.
Restrict access to sensitive information (digitally and physically).
Educate staff about the importance of confidentiality.
Document security measures to prove “reasonable steps” were taken.
Summary
San Marino protects trade secrets primarily through civil, criminal, and contractual law, supported by its international TRIPS obligations, though it lacks a dedicated trade secrets act. Businesses must proactively protect their confidential information through internal controls and enforceable contracts.
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