Trade Secrets Law in São Tomé and Príncipe
Trade Secrets Law in São Tomé and Príncipe
As of 2025, São Tomé and Príncipe does not have a dedicated or standalone Trade Secrets Law, but trade secrets are protected indirectly through:
General civil and criminal law principles
Contract law (such as confidentiality agreements)
Unfair competition law
International obligations, particularly through the TRIPS Agreement
1. Legal Framework for Trade Secrets Protection
a. Civil Code and Contract Law
Trade secrets are primarily protected through:
Non-disclosure agreements (NDAs) and confidentiality clauses in contracts
General obligations of good faith and trust in contractual and employment relationships
Legal remedies for breach, such as damages or injunctions
b. Criminal Code
Some provisions in the Penal Code may apply to:
Theft or unauthorized disclosure of confidential commercial information
Industrial espionage
Breach of professional secrecy
These can be prosecuted under broader crimes involving fraud, misappropriation, or breach of trust.
c. Unfair Competition
While São Tomé and Príncipe does not have an extensive competition law regime, acts involving misuse of confidential business information can be treated as unfair practices.
2. Definition of Trade Secrets
Although not codified in a specific statute, trade secrets are typically understood as:
"Any business or technical information that is not generally known or easily accessible, has commercial value due to its secrecy, and is protected by reasonable steps to remain confidential."
This aligns with the WTO TRIPS Agreement, which São Tomé and Príncipe is bound by.
3. International Commitments
São Tomé and Príncipe is a member of the World Trade Organization (WTO) and therefore complies with:
🔐 TRIPS Agreement – Article 39:
Requires protection of undisclosed information (trade secrets)
Imposes obligations to prevent unfair commercial use and unauthorized disclosure of such information
The country is also a member of the African Intellectual Property Organization (OAPI), although OAPI mainly covers patents, trademarks, and other registered rights — not trade secrets.
4. Enforcement of Trade Secrets
| Legal Protection Area | Status in São Tomé and Príncipe |
|---|---|
| Dedicated Trade Secrets Law | ❌ Not available |
| Civil enforcement (contracts, tort) | ✅ Yes |
| Criminal sanctions for theft/disclosure | ✅ In some cases |
| NDAs/Confidentiality clauses | ✅ Enforceable |
| TRIPS Agreement compliance | ✅ Yes |
| Administrative protection (registration) | ❌ Not applicable |
5. Recommendations for Businesses
To protect trade secrets in São Tomé and Príncipe:
Use NDAs with employees, partners, and vendors.
Clearly label confidential documents.
Limit access to sensitive information.
Train staff on confidentiality obligations.
Document the steps taken to secure information to support any future legal claims.
Conclusion
São Tomé and Príncipe protects trade secrets mainly through contracts, general civil/criminal law, and international obligations under TRIPS. There is no standalone statute yet, so businesses must proactively manage and secure their trade secrets through internal and legal safeguards.
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