Protecting Trade Secrets In South-East Asia: An Overview

Introduction

The Association of Southeast Asian Nations (ASEAN) is a diverse region comprising 10 countries, each with its own national laws and legal systems that govern intellectual property (IP), including trade secrets. The World Trade Organization's (WTO) TRIPS agreement provides a foundational basis for the protection of trade secrets, under the "Undisclosed information" provisions. The TRIPS rules are relatively limited, so many national laws go further.

Understanding Trade Secrets

A trade secret is defined as business information that offers a competitive edge and is kept confidential. It has three key elements:

1. Not Publicly Known: The information must not be generally known or easily accessible by the public or competitors.