Trade Secrets

January 14, 2008
Trade Secrets

Mexico’s Industrial Property Law (Ley de la Propiedad Industrial) recognizes and protects so called trade secrets. The Law defines a trade secretas “all information of industrial or commercial applications that an individual or corporation maintains confidential which imply the acquisition ormaintenance of a competitive or economic advantage before third parties in carrying out business activities and with respect to which it has adoptedsufficient means or systems to preserve the confidentiality of, and restricted access to, such Trade Secrets.” The development of competitiveinformation becomes more and more relevant every day, meaning that confidentiality in industrial and commercial settings should be carefullyguarded, ensuring that employees with access to such information do not violate trade secrets. The law provides criminal penalties for revealingtrade secrets for employees or professionals who reveal and utilize such trade secrets without authorization. Such actions may be brought againsttrade secret violators, but one should also consider that it is a crime to provide access to trade secrets without proper consent, which means that alegal action could be maintained against both the provider and the recipient of the unauthorized information.

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