In Brazil, the violation of trade secrets is considered a crime of unfair competition, and a person who practices an illicit act and causes damage to another person is obligated to repair the damage caused. Brazilian Labor Law grants employers the right to terminate an employee for violation of a trade secret.
In China, the enforcement of trade secret protection may include criminal prosecution, administrative penalties, and civil remedies such as compensatory damages. A preliminary injunction for trade secret misappropriation used to be unusual, but this may be changing.
There is no specific legislation that regulates trade secrets in India, but trade secrets are protected through common law actions for breach of confidence or breach of contract or, in the absence of a contract, the principle of equity. Civil remedies include damages, injunctions, and the return of the confidential information.
General civil law principles apply equally to the protection of trade and production secrets in Russia. In cases where protected secrets are divulged, violators are subject to civil, criminal, administrative, and disciplinary measures. Injunctive relief can be requested.
South Africa does not have specific legislation devoted to protecting trade secrets, but the common law protects trade secrets from unauthorized conduct by competitors and current or former employees. In cases of infringement of trade secrets, courts can prescribe a number of remedies under contract law and the law of tort (or delict).
Last Updated: 02/28/2014