Trade Secrets Law in Mauritania
Here’s an overview of Trade Secrets Law in Mauritania:
🇲🇷 Trade Secrets Law in Mauritania
1. Legal Framework
Mauritania does not have a specific standalone trade secrets law, but trade secrets are protected under:
Law No. 2010-019 on the Protection of Industrial Property — aligns with the African Intellectual Property Organization (OAPI) framework.
Unfair Competition Law — includes provisions that indirectly protect confidential business information.
Contract Law — confidentiality obligations can be established through NDAs and other contractual agreements.
Mauritania is a member of OAPI, which governs IP laws in many French-speaking African countries.
2. Definition of Trade Secrets
While the term “trade secret” is not always explicitly defined, the legal understanding typically involves:
Confidential business information that:
Is not publicly known.
Provides a competitive advantage.
Is subject to reasonable steps to keep it confidential (e.g., internal policies, NDAs).
3. Protection Mechanisms
Contractual Protection:
Through non-disclosure agreements (NDAs), confidentiality clauses in employment and service contracts.
Legal Action:
Breach of confidence and unfair competition can serve as grounds for civil action.
OAPI Framework:
Provides regional protection and allows enforcement of industrial property rights.
4. Enforcement
Civil remedies:
Injunctions, damages, and court orders to stop disclosure or misuse.
Criminal sanctions:
May apply under general criminal law if theft or fraud is involved.
Disputes can be resolved in Mauritanian courts or via OAPI procedures.
5. International Treaties
Mauritania is a signatory to:
The Bangui Agreement (revised in 1999), the foundational treaty for OAPI.
The Paris Convention for the Protection of Industrial Property.
The TRIPS Agreement (via WTO membership).
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Law (2010), contract law, unfair competition laws |
| Specific Trade Secret Law | No standalone law |
| Protection Mechanism | NDAs, internal policies, unfair competition claims |
| Enforcement | Injunctions, damages, possible criminal charges |
| International Treaties | OAPI (Bangui Agreement), WTO/TRIPS, Paris Convention |
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