Understanding trade secrets is fundamental to protect IP but it
is also essential to innovation on a global scale. Despite
countless litigations, many countries, like South Africa, still
lack specific laws related to trade secrets. This begs the
question, does the common law offer enough protection?
Trade secrets run parallel with other intangible assets and IP
rights—eg, patents, trademarks, utility models—but with
significant differences: they aren't subject to a deadline;
they have low protection costs and, more importantly, trade secrets
can protect a wider range of assets, such as lists of clients,
formulas, internal methods, recipes, etc.
Furthermore, the protection or dissemination of commercial
secrets is a matter of both private and public interest. The social
interest determines that the information should be released to the
public, as it promotes economic growth. Private interest, on the
other hand, requires confidentiality, to benefit from
