Trade Secrets Law in Peru
Trade Secrets Law in Peru
Peru does not have a specific standalone Trade Secrets Law, but trade secrets are protected under a combination of general laws, regulations, and case law, primarily through:
Industrial Property Law (Legislative Decree No. 1075, 2008)
Civil and Criminal Codes
Contract law (NDAs and confidentiality agreements)
1. Legal Framework Protecting Trade Secrets in Peru
a. Industrial Property Law (Legislative Decree No. 1075, 2008)
While mainly regulating patents, trademarks, and designs, this law also protects undisclosed information and know-how as industrial property.
It covers confidential business information used in industry or commerce that gives a competitive advantage.
The law prohibits unauthorized acquisition, use, or disclosure of such information.
b. Civil Code
Protects trade secrets through the enforcement of contractual obligations, including non-disclosure agreements (NDAs).
Allows injured parties to seek damages if a trade secret is misappropriated or disclosed improperly.
c. Criminal Code
Includes provisions against industrial espionage, theft of business secrets, and breach of confidentiality.
Misappropriation of trade secrets can lead to criminal sanctions such as fines and imprisonment.
2. Definition of Trade Secrets in Peru
Although no explicit statutory definition exists, trade secrets are understood as:
Confidential business information or know-how
That is not generally known or easily accessible
Has commercial value due to its secrecy
And where reasonable efforts have been made to maintain secrecy
3. Protection Mechanisms
Contracts: NDAs and confidentiality clauses are widely used and enforceable.
Injunctions: Courts can order the cessation of unauthorized use or disclosure.
Damages: Compensation may be awarded for losses caused by misappropriation.
Criminal penalties: For intentional industrial espionage or theft.
4. International Obligations
Peru is a member of the WTO and is bound by the TRIPS Agreement, which requires protection of undisclosed information.
The country is gradually aligning its laws and enforcement practices to meet international standards.
5. Practical Advice for Businesses in Peru
Use well-drafted confidentiality agreements with employees and partners.
Implement internal security measures to limit access to trade secrets.
Educate employees about the importance of confidentiality.
Monitor and enforce protections actively to maintain trade secret status.
Summary Table
| Aspect | Status in Peru |
|---|---|
| Dedicated Trade Secrets Law | ❌ No standalone law |
| Protection under Industrial Property Law | ✅ Yes (includes know-how) |
| Civil remedies (contracts, damages) | ✅ Enforceable |
| Criminal sanctions | ✅ Yes (industrial espionage, theft) |
| TRIPS compliance | ✅ Yes |
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