Trade Secrets Law in Ivory Coast

Here’s an overview of the Trade Secrets Law in Ivory Coast (Côte d'Ivoire):

🇨🇮 Trade Secrets Law in Ivory Coast

1. Legal Framework

Ivory Coast is a member of the African Intellectual Property Organization (OAPI).

The Bangui Agreement (latest revision 2015) governs industrial property rights, including protection of trade secrets, for all OAPI member states.

Ivory Coast is also a party to international agreements such as:

The TRIPS Agreement through OAPI membership.

The Paris Convention for the Protection of Industrial Property.

Trade secrets protection is integrated within these frameworks rather than governed by a standalone national statute.

2. Definition of Trade Secrets

Under the Bangui Agreement and OAPI regulations:

Trade secrets are any confidential business information that:

Is not generally known or readily accessible.

Holds commercial value because of its secrecy.

Is subject to reasonable measures by the holder to maintain confidentiality.

Examples include manufacturing processes, technical know-how, customer lists, and marketing strategies.

3. Protection Scope

Protection covers unauthorized acquisition, use, or disclosure of trade secrets.

Trade secrets protection lasts as long as the information remains confidential and valuable.

4. Enforcement and Remedies

Enforcement is carried out through:

The OAPI administrative procedures.

National courts applying OAPI rules.

Available remedies include:

Injunctions to prevent misuse.

Damages for losses caused by unlawful disclosure or use.

Seizure or destruction of infringing materials.

Criminal sanctions may apply for industrial espionage or theft of trade secrets under national criminal law.

5. Practical Considerations

Businesses should adopt confidentiality agreements, NDAs, and internal security policies.

Maintaining documented efforts to preserve secrecy is critical for enforcement.

 

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