Trade Secrets Law in Tanzania
Here’s an overview of Trade Secrets Law in Tanzania:
🇹🇿 Trade Secrets Law in Tanzania
1. Legal Framework
Tanzania does not have a specific or standalone trade secrets statute. Protection of trade secrets mainly arises from:
Common Law Principles (inherited from English law),
Contract Law (confidentiality agreements, NDAs),
Employment Law (confidentiality obligations of employees),
The Penal Code (criminal offenses related to theft or unauthorized disclosure of information),
The Industrial Property Act, 2019 (mainly for patents and trademarks but not explicitly for trade secrets).
Tanzania is a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement, which requires protection of undisclosed information (trade secrets).
2. Definition of Trade Secrets
There is no statutory definition in Tanzanian law, but generally, trade secrets are understood as:
Information that is not publicly known or easily accessible,
Has commercial value because it is secret,
Is subject to reasonable steps taken to keep it secret by the owner.
3. Protection Mechanisms
Contractual Protection:
Non-Disclosure Agreements (NDAs) and confidentiality clauses in contracts are the primary tools to protect trade secrets.
Common Law Remedies:
Claims for breach of confidence or breach of contract.
Employment Contracts:
Often include confidentiality and post-employment restrictions.
4. Enforcement and Remedies
Civil Remedies:
Injunctions to prevent further use or disclosure,
Damages for losses suffered.
Criminal Remedies:
Offenses related to theft or unauthorized disclosure of confidential information can be prosecuted under the Penal Code.
5. Practical Considerations
Protection depends heavily on taking reasonable steps to maintain secrecy, such as restricting access, labeling information, and having clear confidentiality agreements.
The lack of a dedicated trade secrets statute means enforcement can sometimes be challenging and reliant on contract law and tort principles.
Summary Table
| Aspect | Details |
|---|---|
| Dedicated Statute | None |
| Legal Basis | Common law, contract law, Penal Code |
| Definition | Not publicly known, commercially valuable, kept secret |
| Protection Mechanisms | NDAs, employment confidentiality clauses |
| Enforcement | Injunctions, damages, criminal prosecution under Penal Code |
| International Compliance | TRIPS Agreement (WTO member) |
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