Trade Secrets

April 18, 2009
Trade Secrets

Mexico’s Industrial Property Law (Ley de la Propiedad Industrial) recognizes and protects trade secrets, which include information of an industrial orcommercial application that is maintained confidential by an individual or corporation and which confers a competitive or economic advantage asagainst third parties. For such information to obtain legal protection, its owners must have adopted the means and systems necessary to preserve theconfidentiality of the information and restricted access to such information. This means that the trade secret information must be internally qualified asconfidential and anyone with access to such information must be advised of the confidential nature of the trade secret information. In such manner,only those with permission should be allowed access to the confidential information. Today, given current technological advances, it is very simple totransmit information that has been maintained on a confidential basis by an individual or corporation. Therefore, it is increasingly important tomaintain the legal protections necessary to keep confidential information secret, which should be done through the execution of detailed employmentagreements, confidentiality agreements with third-parties, and having adequate safeguards to protect the information, whether such trade secretinformation consists of documents, electronic media, optical discs, microfilm, etc., without allowing free access to the protected trade secretinformation.

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