Trade Secrets Law in Zimbabwe
Here’s an overview of Trade Secrets Law in Zimbabwe:
Trade Secrets Law in Zimbabwe
1. Legal Framework
Zimbabwe does not have a dedicated statute specifically titled “Trade Secrets Law.” However, trade secrets are protected under:
Common Law Principles — mainly through breach of confidence.
The Competition Act [Chapter 14:28] — prohibits unfair business practices and acts of unfair competition.
The Patents Act [Chapter 26:03] and Trademarks Act [Chapter 26:04] — IP laws that complement trade secret protection.
Contract Law — especially through confidentiality agreements and employment contracts.
General provisions of the Criminal Law (Codification and Reform) Act for offenses related to theft, fraud, and breach of trust.
Zimbabwe is also a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement requiring protection of undisclosed information.
2. Definition and Scope
Trade secrets are generally considered to be:
Confidential information,
Having commercial value because it is secret,
Which has been subject to reasonable efforts to maintain its secrecy.
Examples include formulas, processes, customer lists, financial data, and business strategies.
3. Protection Mechanisms
Breach of Confidence: Common law action available if information is disclosed in breach of a confidentiality obligation.
Unfair Competition: The Competition Act prohibits acts contrary to honest commercial practices.
Contractual Agreements: NDAs and confidentiality clauses in employment or commercial contracts are widely used.
Criminal Law: Theft or unauthorized use of confidential information may be prosecutable.
4. Remedies
Owners of trade secrets may seek:
Injunctions to prevent further disclosure or use,
Damages for losses suffered,
Account of profits gained by the wrongdoer,
Criminal sanctions in serious cases.
5. Best Practices
Use clear confidentiality agreements with employees and partners.
Mark documents as confidential.
Limit internal access to sensitive information.
Implement security policies and staff training.
Keep records of steps taken to maintain secrecy.
Summary
| Aspect | Details |
|---|---|
| Dedicated Law | No standalone trade secrets statute |
| Protection Basis | Common law breach of confidence, Competition Act |
| Definition | Confidential info with commercial value, secret and protected |
| Remedies | Injunctions, damages, criminal penalties |
| Contractual Tools | NDAs, confidentiality clauses |
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