Trade Secrets Law in Cape Verde
In Cape Verde, the protection of trade secrets is governed by Act No. 2/2009, known as the Trade Secrets Protection Act. This legislation provides a legal framework for safeguarding confidential business information from unauthorized acquisition, use, or disclosure.
🧠 Definition of Trade Secrets
Under Act No. 2/2009, a trade secret is defined as information that:
Is 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; and
Has been subject to reasonable steps by the holder to keep it secret.
This definition aligns with international standards, such as those outlined in the TRIPS Agreement and the EU Directive 2016/943.
⚖️ Unlawful Acquisition, Use, or Disclosure
The Act specifies that the acquisition, use, or disclosure of a trade secret is unlawful if carried out by:
Unauthorized access to documents, materials, or electronic files containing the trade secret
Breach of confidentiality agreements or other duties not to disclose the trade secret;
Misappropriation through unfair means, such as theft or bribery.
These provisions ensure that trade secret holders have legal recourse in cases of misappropriation.
🛡️ Legal Remedies and Enforcement
If a trade secret is unlawfully acquired, used, or disclosed, the holder may seek:
Injunctive relief to prevent further infringement;
Damages for losses suffered due to the infringement;
Destruction or return of infringing goods or documents.(njt.hu)
The Act also allows for the publication of judicial decisions in cases of trade secret infringement to deter future violations.
🧭 Practical Considerations for Businesses
To effectively protect trade secrets, businesses in Cape Verde should:
Implement Confidentiality Agreements: Use non-disclosure agreements (NDAs) with employees, contractors, and business partners.
Restrict Access: Limit access to sensitive information to authorized personnel only.
Secure Information: Utilize physical and digital security measures to protect trade secrets.
Monitor and Enforce: Regularly audit compliance with confidentiality policies and take action against breaches.
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