Hamburger
  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

    Last modified 1 Jan 2023

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

    Last modified 1 Jan 2023

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Last modified 1 Jan 2023

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Last modified 1 Jan 2023

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Last modified 1 Jan 2023

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Last modified 1 Jan 2023

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

    Last modified 1 Jan 2023

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Last modified 1 Jan 2023

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Last modified 1 Jan 2023

    Duration of right

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Ownership / licenses

     Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Remedies for infringement

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Last modified 1 Jan 2023

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Last modified 1 Jan 2023

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Last modified 1 Jan 2023

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Last modified 1 Jan 2023

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

    Last modified 1 Jan 2023

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Last modified 1 Jan 2023

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Last modified 1 Jan 2023

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Last modified 1 Jan 2023

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Last modified 1 Jan 2023

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

    Last modified 1 Jan 2023

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Last modified 1 Jan 2023

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Last modified 1 Jan 2023

    Duration of right

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Ownership / licenses

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

    Last modified 1 Jan 2023

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Last modified 1 Jan 2023

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Last modified 1 Jan 2023

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Last modified 1 Jan 2023

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Last modified 1 Jan 2023

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

    Last modified 1 Jan 2023

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Last modified 1 Jan 2023

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

    Last modified 1 Jan 2023

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Last modified 1 Jan 2023

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Last modified 1 Jan 2023

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Last modified 1 Jan 2023

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Last modified 1 Jan 2023

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

    Last modified 1 Jan 2023

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Last modified 1 Jan 2023

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Last modified 1 Jan 2023

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Last modified 1 Jan 2023

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

    Last modified 1 Jan 2023

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525
Download PDF

Trade secrets

Ownership / licenses

Download PDF

Angola

Not applicable for this jurisdiction.

Last modified 1 Jan 2023

Argentina

Ownership results from the obtention of the information, accompanied by legal or practical measures aimed at restricting access to that information by third parties. No registration requirement is applicable.

Joint ownership is possible.

Trade secret or know-how licenses are common and enforceable.

Last modified 22 Jun 2023

Australia

Trade secrets cannot be assigned as they are not property. However, contractual rights to trade secrets may be assigned and licensed. An assignee or licensee may sue others for a breach of confidence.

Last modified 11 Jan 2023

Austria

The owner of a trade secret can be a natural person or a legal entity.

Last modified 31 Mar 2023

Belgium

As for most European jurisdictions, competition rules prevail over contractual arrangements. Licenses in respect of trade secrets are subject to Commission Regulation (EC) 316/2014 of March 21, 2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements.

Last modified 28 Feb 2023

Brazil

Not applicable for this jurisdiction.

Last modified 13 Jan 2023

Canada

Trade secret licenses are enforceable. It is advisable to institute an agreement with parties to protect trade secrets from misuse or unauthorized disclosure.

Even in the absence of such an agreement, a person can be obligated to maintain confidentiality. If a person receives information and knows, or reasonably ought to know, that it is confidential, they are obligated to protect its confidentiality and they are disentitled from misusing or disclosing that information to third parties.

Joint ownership of trade secrets is recognized.

Last modified 1 May 2023

Chile

Not applicable.

Last modified 28 Dec 2023

China

License of trade secrets is usually supported by non-disclosure clauses, which are enforceable.

Last modified 9 Jul 2023

Colombia

The owner or the person who has control over the trade secret is protected by virtue of law. This person has a duty to authorize and restrict access to the confidential information. For this reason, if the information is disclosed to a third party, it is important to execute an agreement that requires such third party to maintain its confidentiality.

Without limitation to the foregoing, the information may be disclosed to protect public order and a prior request may be made by a competent authority. In this case, it loses the nature of trade secret.

Last modified 28 Dec 2023

Czech Republic

Joint ownership is possible. A trade secret is an intangible asset under Civil Code.

Last modified 22 Dec 2023

Denmark

The company owns its trade secrets.

Last modified 22 Jan 2023

Finland

Trade secrets can be licensed or transferred.

Last modified 21 Mar 2023

France

Ownership and licenses require appropriate identification of the trade secrets at stake.

Articles L. 151-7 et seq. of the French Code of Commerce provide exceptions to the trade secret protection (eg, legal obligation to communicate and legal proceedings).

Last modified 17 Jan 2023

Germany

A trade secret owner is any natural or legal person that is lawfully controlling a trade secret. Joint ownership is possible.

Trade secrets are usually disclosed under a confidentiality agreement. Licenses relating to know-how are enforceable.

Last modified 7 Mar 2023

Hong Kong, SAR

A plaintiff who asserts that they are the owner of trade secrets shall have to prove the same on a balance of probabilities. To be protected by the common law, the owner must show that the release of trade secrets and undisclosed commercial information would be detrimental to the owner or advantageous to their competitors or others.

As trade secrets are a species of property, joint ownership and grant of license are permissible. It is common to see licenses of trade secrets, typically in conjunction with licenses of patent rights.

Last modified 28 Feb 2023

Hungary

No special provisions applicable. Joint ownership is possible.

Last modified 7 Feb 2023

India

The ownership of trade secrets vests with an owner as long as they are secret and do not fall under the exceptions described above.

Trade secrets may be licensed under contract.

Last modified 18 Apr 2023

Indonesia

The owner of the trade secret may grant a license permitting third parties to use the trade secret and prohibit third parties from using or disclosing the trade secret for commercial purposes under a license agreement.

Based on Minister Regulation No. 8, a trade secret license agreement must be duly recorded, and the application for recording can be made electronically or in paper format. Recording is valid for a duration of 5 years and can be renewed.

Minister Regulation No. 8 requires a copy of the trade secret license agreement, proof of ownership of trade secret, original power of attorney and proof of payment to be submitted. The applicant is also required to provide a statement letter stating that the object of the license agreement is still valid, will not cause any losses to the national economy interest, will not inhibit the development of technology and is not in conflict with the laws and regulations, morality and public order.

Last modified 13 Jan 2023

Ireland

It is possible to have joint rights in confidential information and to limit use of such confidential information by license or otherwise under contract.

Last modified 13 Feb 2023

Israel

Usually, the owner of the information owns the trade secret; licenses can be granted and there is no need to record grant.

Last modified 17 Jan 2023

Italy

The holder of the trade secret is the entity that developed such secret (joint ownership is possible).

Last modified 25 Mar 2023

Japan

The UCPA is silent on joint ownership of and licensing of trade secrets. As long as these do not undermine trade secrets to meet the 3-prong test, the trade secrets will be still protected.

Last modified 29 Jun 2023

Luxembourg

As for most European jurisdictions, competition rules prevail over contractual arrangements. Licenses of trade secrets are subject to Commission Regulation (EC) 316/2014 of March 21, 2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements. Such licenses are exempted from the application of Article 101(1) of the treaty in case the parties' joint market share does not surpass certain thresholds and if the licensed technology rights have not expired, lapsed or been declared invalid or, in the case of know-how, for as long as the know-how remains secret, except if the disclosure of the know-how is the result of an action by the licensee (in which case the exemption shall only apply for the duration of the agreement). In any case, trade secrets licenses containing any of the hardcore restrictions listed in Section 4 of aforementioned regulation are not exempted.

Last modified 21 Mar 2023

Mexico

No registration is required. An owner must use means or systems to preserve a trade secret's confidentiality and restricted access to the trade secret.

An owner may transfer or allow the use of the trade secret to a third party. A third party shall have the obligation to not disclose the trade secret.

Last modified 21 Jan 2023

Netherlands

Licenses for know-how and trade secrets are common under the laws of the Netherlands. Licenses in respect of trade secrets are subject to Commission Regulation (EC) 772/2004 of April 27, 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements.

Last modified 7 Dec 12023

New Zealand

Trade secrets are confidential information and therefore not property per se. However, contractual rights to use trade secrets may be assigned or licensed.

Last modified 15 Jan 2023

Nigeria

No text yet.

Last modified 16 Jan 2023

Norway

Licenses for know-how and trade secrets are common in Norway, and, as such, these can be transferred and licensed. To retain their status as trade secrets, such information must be subject to confidentiality provisions.

Last modified 20 Feb 2023

Peru

N/A

Last modified 12 Nov 2023

Philippines

Joint ownership is possible. Trade secret (or know-how) licenses are enforceable.

Last modified 19 Apr 2023

Poland

Information regarded as a trade secret may be transferred or licensed. The relevant agreement usually includes a non-disclosure clause. There are no requirements as to the form of the transfer or licensing of such information. With regard to licensing an invention that is protected as a trade secret (which is patentable but not protected by a patent), certain rules referring to licensing patents apply – for example, the license expires when the trade secret is no longer confidential (unless the parties agree otherwise). It is accepted that a license for the use of such trade secrets does not have to be in writing (as it is in the case of patents). 

Last modified 6 Jan 2023

Portugal

The person with legal control over the information is the owner of the information. 

Last modified 1 Jan 2023

Romania

Joint ownership is possible. Trade secret, or know-how, licenses are enforceable.

Last modified 14 Jul 2023

Russia

The holder of the trade secret is the owner of such secret (joint ownership is possible). The right to trade secret may be assigned or licensed.

Last modified 19 Apr 2023

Saudi Arabia

Trade secrets or know-how licenses are, in principle, enforceable.

Last modified 19 Apr 2023

Singapore

Information shall be owned by the business and such information will be protected as a secret from everyone except certain key individuals within the business or company and can be divulged within parameters set by these key individuals on behalf of the company.

Last modified 21 Jan 2023

Slovak Republic

The owner of a business secret is a natural or legal person who lawfully handles the business secret which is related to an enterprise undertaken by this person within their entrepreneurship. This person has, in general, the exclusive right to handle this business secret, especially to grant a permission to its use and set conditions for its use.

Last modified 24 Jan 2023

South Korea

Joint ownership is possible. Trade secret (know-how) licenses are enforceable.

Last modified 7 Jul 2023

Spain

Trade secrets are, from March 2019, subject to specific property rights. Rules on joint ownership of trade secrets are provided by the Trade Secrets Act.

Last modified 20 Dec 2023

Sweden

The Act on Trade Secrets does not contain any rules on licensing but the Act is based on the assumption that know-how and trade secrets can be licensed. Licenses for know-how and trade secrets are common under the laws of Sweden. Joint ownership is possible. 

Last modified 9 Feb 2023

Switzerland

Protection may apply to several individuals if they all work on the creation of the trade secret and their individual input cannot be separated. There are certain contractual constellations (eg, employment contracts) for which particular provisions are available that separately govern the ownership and party obligations with regard to trade secrets.

It is possible to assign and/or license rights on legally protected trade secrets and know-how.

Last modified 7 Jan 2023

Taiwan, China

A trade secret can be freely assigned, licensed, pledged or inherited in whole or in part, but shall not be pledged or subject to compulsory execution. In case of joint ownership, no single owner of a trade secret shall assign or grant a license to another for the use of the jointly-owned trade secret without the unanimous consent of all joint owners, provided that such consent shall not be unreasonably withheld.

Last modified 9 Mar 2023

Ukraine

Joint ownership is possible. Trade secret, or know-how, licenses are enforceable.

Last modified 23 Jun 2023

United Arab Emirates

A trade secret will be owned by the entity to which the secret pertains.

Last modified 3 Feb 2023

United Kingdom

Trade secrets are protected by the common-law tort action of breach of confidence and the 2018 Regulations. They do not give rise to property rights or "ownership" in the conventional sense. They may be exercised by anyone who is able to establish the necessary conditions (described above). Contractual licenses to use trade secrets may be granted; while there is no legal requirement for these to be in writing or signed by either party, it is generally desirable for them to be signed and in writing, for certainty and evidential purposes.

Last modified 9 Feb 2023

United States

Joint ownership is possible. Trade secret – or know-how – licenses are enforceable.

Last modified 23 Jun 2023

Download PDF