ARTICLE · 28 FEBRUARY 2019

Trade Secrets

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Is there specific legislation that governs trade secrets or know-how in South Africa? If so, is there a legal definition for this? Either way, how are trade secrets and know-how treated by the courts?

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Is there specific legislation that governs trade secrets or know-how in South Africa? If so, is there a legal definition for this? Either way, how are trade secrets and know-how treated by the courts?

South Africa does not have specific legislation governing trade secrets or know-how, though they can be effectively protected under South African common law.

Trade secrets can be protected if it can be established that the information has the necessary quality of confidence, and that anyone with access to the information owes its owner a duty of confidence. It is not a requirement that a given recipient enters into a non-disclosure agreement, though it is indicative of a relationship of confidence. If a recipient then discloses that information in breach of that confidence, legal action can be taken by the owner.

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