Article 39.3 of the TRIPS Agreement: What You Need to Know
The TRIPS Agreement, or the Agreement on Trade-Related Aspects of Intellectual Property Rights, is an international agreement that sets out minimum standards for intellectual property regulation among participating countries. One of the key provisions of the TRIPS Agreement is Article 39, which deals with the protection of undisclosed information, such as trade secrets and confidential business information.
More specifically, Article 39.3 of the TRIPS Agreement states that participating countries must provide a legal framework for the protection of undisclosed information that:
– Is secret, in that it is not generally known or easily accessible to people who would normally deal with that kind of information;
– Has commercial value because it is secret; and
– Has been subject to reasonable steps to keep it secret.
This provision essentially requires participating countries to ensure that trade secrets and other forms of confidential business information are protected under national law, and that individuals or companies who misappropriate such information can be held liable.
For businesses operating in multiple countries, the TRIPS Agreement can be an important tool for protecting their intellectual property rights. Article 39.3 in particular ensures that businesses can maintain their competitive advantage by keeping their confidential information secret, without fear of that information being stolen or exploited by others.
However, it is important to note that the TRIPS Agreement sets only minimum standards for intellectual property regulation. Participating countries are free to establish higher levels of protection for intellectual property if they choose, provided that such protections do not conflict with the TRIPS Agreement.
In summary, Article 39.3 of the TRIPS Agreement is an important provision for businesses looking to protect their trade secrets and confidential business information. By setting minimum standards for the protection of undisclosed information, the TRIPS Agreement provides a legal framework that can help businesses maintain their competitive advantage in the global marketplace.