Trade Secrets Law in Svalbard and Jan Mayen (Norway)
Trade Secrets Law in Svalbard and Jan Mayen (Norway)
Svalbard and Jan Mayen are territories under the sovereignty of Norway, and Norwegian law applies there unless specifically stated otherwise. Therefore, trade secrets in Svalbard and Jan Mayen are protected under Norwegian law.
1. Applicable Law: Norwegian Trade Secrets Protection
a. Norwegian Trade Secrets Act (2018)
Norway implemented its dedicated Trade Secrets Act (Lov om vern av forretningshemmeligheter), which entered into force on 1 July 2018.
This Act aligns with the EU Trade Secrets Directive (2016/943) and provides a clear legal framework to protect trade secrets.
b. Definition of Trade Secrets
Under the Norwegian Trade Secrets Act, a trade secret is information that:
Is secret (not generally known or readily accessible to persons within the circles that normally deal with the kind of information in question).
Has commercial value because it is secret.
Has been subject to reasonable measures by the rightful holder to keep it secret.
Examples: business plans, formulas, customer lists, technical data, software, and manufacturing processes.
2. Prohibited Acts
The Act prohibits:
Acquisition of trade secrets by unlawful means (theft, bribery, deception, breach of confidentiality).
Use or disclosure of trade secrets without consent.
Production, offering, or distribution of goods that rely significantly on unlawfully obtained trade secrets.
3. Remedies and Enforcement
Injunctions to stop use or disclosure.
Damages and compensation for losses.
Seizure or destruction of goods or documents.
Confidentiality in legal proceedings to protect trade secrets during litigation.
4. International Obligations
Norway is a member of the WTO and complies with the TRIPS Agreement.
Norway follows EU standards through the Trade Secrets Directive.
These obligations also extend to Svalbard and Jan Mayen.
5. Practical Recommendations
Use Non-Disclosure Agreements (NDAs) with employees and business partners.
Limit access to sensitive information.
Clearly mark confidential documents as trade secrets.
Implement physical and technical security measures.
Take swift legal action upon suspected breaches.
Summary Table
| Feature | Status in Svalbard and Jan Mayen (Norway) |
|---|---|
| Dedicated Trade Secrets Law | ✅ Yes (Norwegian Trade Secrets Act 2018) |
| Based on EU Directive | ✅ Yes |
| Civil and criminal remedies | ✅ Yes |
| TRIPS compliance | ✅ Yes |
| Applicable throughout Norwegian territory including Svalbard and Jan Mayen | ✅ Yes |
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