Industrial and Trade Secrets

March 4, 2011
Industrial and Trade Secrets

In addition to Industrial Property Rights known throughout the world, such as patents, utility models and industrial designs andtrademarks, commercial names, commercial notices and names of origin, the concept of industrial or trade secrets exist inMexican law as “Information of industrial or commercial application that is safeguarded by a company or individual inconfidential form that signifies the opposition or maintenance of a competitive or economic advantage against third parties incarrying out economic activities and with respect to which the owner had adapted means or sufficient systems to preserve itsconfidentiality and restrictive access to same”. Certain industrial and commercial companies have developed techniques,methods or production processes, these are forms of distribution, which signify competitive advantages against other companies,which has caused such techniques, methods or forms to be subject to a system of reservation and confidentiality that Mexicanlaw protects as legal rights. One of the requirements in order to obtain protection under Mexican law is that trade secrets must bekept confidential. Trade secrets protected by law must be contained in objective form, such as documents, electronic or magneticmedia, optical discs, microfilm, motion pictures and other similar forms. The information contained in such expressions may notbe divulged, unless the person receiving such information are required to have it in order to do their jobs and such individualsmust maintain the information they receive as confidential. Mexican law contains sanctions against the improper appropriationof industrial or trade secrets and provides for payment of damages and penalties, including criminal penalties for violators whoreveal secrets or who could benefit from illicit revelation of such information.

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