Definition

The Trade Secrets Law defines trade secret information in terms of three key requirements:

a. the information in its totality, form or combined components is usually unknown, or cannot be easily obtained by others who normally deal in such information;

b. the information derives its value from being secret; and

c. the information is confidential due to the measures taken by the legal holder of the information to maintain its confidentiality (Article 1).

Protection under this law also covers trade secrets resulting from confidential experimentation or previously unknown data (Article 5).

Ownership of trade secrets

The Trade Secrets Law provides that legal title to a trade secret belongs to the individual or legal entity having the right to disclose, use or preserve the confidential information underlying the trade secret (Article 1).