Trade Secrets Law in Equatorial Guinea
Here’s an overview of the Trade Secrets Law in Equatorial Guinea:
🇬🇶 Trade Secrets Law in Equatorial Guinea
1. Legal Framework
Equatorial Guinea’s trade secrets protection is governed primarily by its Industrial Property Law, aligned with regional and international standards.
The country is a member of the African Intellectual Property Organization (OAPI), and OAPI’s regulations apply to Equatorial Guinea.
OAPI’s Bangui Agreement (latest version from 2015) governs intellectual property rights including trade secrets in member states.
Equatorial Guinea is also a signatory to international treaties such as:
The TRIPS Agreement through its OAPI membership.
The Paris Convention for the Protection of Industrial Property.
2. Definition of Trade Secrets
Under the Bangui Agreement and OAPI regulations, trade secrets are:
Information that is not generally known or easily accessible.
Has commercial value due to its secrecy.
Subject to reasonable measures to maintain confidentiality.
3. Protection Scope
Trade secrets include formulas, processes, technical data, business strategies, and other confidential information.
Protection covers unauthorized acquisition, use, or disclosure of such secrets.
Protection is effective as long as secrecy is maintained.
4. Enforcement
Holders can seek remedies through OAPI administrative procedures and national courts.
Available remedies include:
Injunctions to prevent further disclosure.
Damages for any harm caused.
Criminal sanctions may apply for acts of industrial espionage or theft of trade secrets under national criminal law.
5. Practical Considerations
Businesses should take reasonable steps to protect trade secrets, such as confidentiality agreements and security protocols.
Equatorial Guinea’s membership in OAPI facilitates regional IP enforcement and dispute resolution.
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