Trade Secrets Law in Suriname
Trade Secrets Law in Suriname
As of 2025, Suriname does not have a specific standalone Trade Secrets Law. However, trade secrets are protected indirectly under several legal frameworks, including:
General Civil and Criminal Law
Contract Law (NDAs and confidentiality agreements)
Intellectual Property-related provisions
International obligations such as the TRIPS Agreement
1. Legal Framework Protecting Trade Secrets
a. Civil Law
Suriname’s Civil Code provides a basis for:
Enforcement of confidentiality agreements or non-disclosure agreements (NDAs)
Claims for damages and injunctions when trade secrets are misused or disclosed without authorization
Protection against unfair competition and breach of trust
b. Criminal Law
The Penal Code contains provisions that may criminalize:
Theft or unauthorized use of confidential business information
Industrial espionage
Breach of professional or contractual confidentiality obligations
c. Intellectual Property and Commercial Laws
While Suriname has legislation on patents, trademarks, and copyrights, these do not explicitly regulate trade secrets.
Trade secrets are considered unregistered intellectual property, protected primarily by general legal principles.
2. Definition of Trade Secrets
Although there is no statutory definition, trade secrets in Suriname are understood as:
“Confidential business information or know-how that is not generally known, has commercial value because of its secrecy, and is subject to reasonable efforts to maintain its confidentiality.”
This understanding is consistent with international standards, including the WTO’s TRIPS Agreement.
3. International Commitments
Suriname is a member of the World Trade Organization (WTO) and is thus bound by the TRIPS Agreement.
TRIPS Article 39 requires protection of undisclosed information against unfair commercial use and unauthorized disclosure.
4. Practical Enforcement and Protection
| Protection Aspect | Status in Suriname |
|---|---|
| Dedicated Trade Secrets Law | ❌ Not enacted |
| Civil remedies (damages, injunctions) | ✅ Available |
| Contractual protection (NDAs) | ✅ Enforceable |
| Criminal penalties | ✅ Possible for theft or breach |
| TRIPS compliance | ✅ Yes |
5. Recommendations for Businesses
Use well-drafted NDAs and confidentiality clauses in all relevant contracts.
Implement internal controls and access restrictions to protect sensitive information.
Mark sensitive documents clearly as confidential.
Educate employees on the importance of maintaining secrecy.
Act swiftly if trade secrets are compromised, pursuing legal remedies as necessary.
Summary
Suriname relies on general civil, criminal, and contract law to protect trade secrets, supported by its international obligations under TRIPS. Although no specific trade secrets statute exists, enforceable protections are available through existing legal avenues.
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