Trade Secrets Kenya FAQs

What is a trade secret?

A trade secret is any confidential business information that provides an enterprise with a competitive edge. This may include formulas, practices, designs, instruments, patterns, or compilations of information.

 

How are trade secrets protected in Kenya?

In Kenya, trade secrets are protected under the common law principle of confidentiality. The protection does not require registration and lasts for as long as the information remains confidential.

 

What legal measures can I take to protect my trade secrets?

You may protect your trade secrets by implementing non-disclosure agreements (NDAs), employee confidentiality agreements, and maintaining strict internal security protocols.

 

Can I enforce my trade secret rights in court?

Yes, if someone unlawfully acquires, discloses, or uses your trade secrets, you may seek enforcement in court for remedies such as injunctions and damages.

 

What should I do if I suspect my trade secret has been stolen?

Contact B M Musau & Company, Advocates LLP immediately to assess the situation and take appropriate legal action to protect your rights and interests.

 

How long does trade secret protection last?

Trade secret protection lasts indefinitely as long as the information remains secret and continues to be actively protected.

 

Does Kenya have specific legislation on trade secrets?

Kenya does not have specific legislation on trade secrets. However, trade secrets are protected under the common law and may also be protected contractually through NDAs and confidentiality agreements.

 

How does a trade secret differ from a patent?

A trade secret is protected as long as it remains confidential and does not require registration, while a patent gives a public, time-limited exclusive right to an invention in exchange for full disclosure of that invention.

 

What are the consequences of breaching a trade secret?

Breaching a trade secret may lead to civil legal action, and the responsible party may be liable for damages, profits lost by the trade secret owner, and possibly criminal charges.

 

Can trade secrets be sold or licensed?

Yes, trade secrets may be sold or licensed. However, the terms of the sale or license must be carefully drafted to ensure the continued protection of the trade secret.

 

How can I ensure my employees keep trade secrets confidential?

Have clear policies in place, provide training on the importance of trade secrets, use confidentiality agreements, and limit access to sensitive information.

 

What is the difference between a trade secret and confidential information?

All trade secrets are considered confidential information, but not all confidential information qualifies as a trade secret. Trade secrets must have commercial value and be subject to reasonable steps to maintain their secrecy.

 

Are there any best practices for maintaining trade secrets?

Best practices include conducting regular audits of trade secret policies, securing physical and electronic access to trade secrets, and ensuring all agreements with employees and partners address confidentiality.

 

Can I require my business partners to protect my trade secrets?

Yes, you may do so and should include confidentiality clauses in your contracts with business partners to ensure they are legally obligated to protect your trade secrets.

 

What happens to trade secrets during a merger or acquisition?

During a merger or acquisition, trade secrets should be handled with care. Due diligence should include an assessment of how trade secrets are protected, and the transfer of trade secrets should be governed by specific agreements to ensure continued protection.

For more detailed information or specific legal advice, clients should contact B M Musau & Company, Advocates LLP directly.