Estados Unidos de América

Sudáfrica

Patentes (incluida la protección de variedades vegetales)

[Follow-up questions from the US] Please indicate in what manner the protection of undisclosed information under the common law of South Africa deviates in any way from the requirements of Article 39.2 of the TRIPS Agreement. More specifically, does South Africa provide protection against the unauthorized use of trade secrets by third parties?

In the response to Japan in reply to the question regarding the protection of undisclosed information, it is indicated that confidential information (including trade secrets) is protected against unauthorized disclosure or use on the basis of the common law in South Africa. Insofar as the use in the response of the terms "substantial compliance" in regard to Article 39.2 of the TRIPS Agreement may have created uncertainty, the request is made for the word "substantial" to be cancelled from the relevant paragraph of the response. The relevant common law principles require, for undisclosed information to qualify as protectible subject matter in the absence of express contractual provisions providing for confidentiality, that the information should meet with requirements in accordance with the standards set out in Article 39.2 of the TRIPS Agreement. The legal position does not deviate from the provisions of Article 39.2. The protection extends to unauthorized use of trade secrets by third parties.