CIGI Papers No. 295 — May 2024 - Into Uncharted Waters: Trade Secrets Law in the

the final stages of the Uruguay Round of the The explicit mention of article 10bis of the Paris World Trade Organization (WTO) negotiations. [...] The of action for the holders of that information objectives outlined in article 710 and the principles to initiate an action against those who exploit laid out in article 811 are critical for interpreting the information without consent in “a manner and implementing the rights, obligations and contrary to honest commercial practices.” The exceptions under the agreement. [...] This flexibility allows them to tailor the the transfer and dissemination of technology, to the mutual advantage protection of undisclosed information to their of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and legal systems, whether in the form of exclusivity obligations.”) or protection against unfair competi. [...] This illustrates the impact of trade secrets protection claims In the ongoing struggle between the government’s on public health and safety, demonstrating authority to regulate the common good and the challenges in balancing corporate secrecy the property interests of companies, there is a with the public’s right to information in growing concern that the balance may have shifted crucial health an. [...] This situation is reminiscent of the a result, the legal framework for trade secrets classic tale of the tortoise trying to catch up to often falls short of delivering benefits to the the hare, where trade negotiators (the tortoise) public and protecting the public interest.