Trade Secrets Law in Egypt
In Egypt, the protection of trade secrets is primarily governed by Law No. 82 of 2002 on the Protection of Intellectual Property Rights, specifically under Book One, which addresses patents, utility models, integrated circuit layout designs, and undisclosed information (trade secrets). This law aligns with international standards, including the TRIPS Agreement, to which Egypt is a signatory.
🧠 Definition of Trade Secrets
Under Egyptian law, a trade secret is defined as:
Confidential Information: Not publicly disclosed
Commercial Value: Possesses economic value due to its secrecy.
Reasonable Measures: The rightful owner has taken steps to maintain its confidentiality.
This definition is consistent with international norms and provides a legal basis for protecting business-critical information.
⚖️ Legal Protections and Enforcement
Egyptian law offers several avenues for the protection and enforcement of trade secrets:
Civil Remedies: Trade secret holders can seek injunctive relief to prevent further unauthorized use or disclosure, and monetary damages for losses incurred.
Criminal Liability: The Egyptian Penal Code criminalizes the unauthorized acquisition, use, or disclosure of trade secrets, with penalties including imprisonment and fines.
Unfair Competition Law: While not specifically addressing trade secrets, Egypt's Unfair Competition Law provides a legal framework for addressing acts that harm the economic interests of businesses, which may include the misappropriation of trade secrets. )
🛡️ Best Practices for Protection
To safeguard trade secrets, businesses in Egypt should:
Implement Non-Disclosure Agreements (NDAs): Ensure that employees, contractors, and business partners sign NDAs to legally bind them to confidentiality obligations.
Integrate Confidentiality Clauses: Include confidentiality provisions in employment contracts and business agreements.
Restrict Access: Limit access to sensitive information to authorized personnel only.
Monitor and Audit: Regularly audit systems and processes to detect potential leaks or unauthorized access.
Conduct Exit Interviews: Remind departing employees of their confidentiality obligations and have them sign an acknowledgment
🏢 Enforcement Authorities
The Egyptian Intellectual Property Agency (EGIPA), established under Law No. 163 of 2023, is the central authority responsible for overseeing intellectual property matters in Egypt, including trade secret protection.
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