MEXICO Law and Practice Contributed by: Eduardo Kleinberg, Adolfo Athié, Claudio Ulloa and Juan Carlos Hernández, Basham, Ringe y Correa S.C.
5.4 Duration and Loss of Protection Trade secret protection in Mexico may last indefinitely, as long as the information continues to meet the legal requirements for protection, particularly that it remains confidential and maintains its economic value due to its secrecy. Protection is lost when the information becomes gen- erally known or readily accessible to persons within the relevant industrial or commercial sectors, whether through disclosure, publication, or other means, and provided that such loss of secrecy is not counteracted by reasonable protective measures. Accidental disclosure may result in loss of protection if it leads to the information becoming public and no effective confidentiality measures remain in place. However, if the disclosure is limited and reasonable measures are promptly taken to preserve confiden- tiality, protection may be maintained depending on the circumstances. Authorised disclosure does not necessarily terminate protection, provided it is made under confidentiality obligations and does not place Civil remedies include injunctions (such as orders to cease the infringing conduct) and claims for damages. In addition, administrative sanctions may be imposed under the FLPIP for acts of trade secret misappropria- tion or unlawful disclosure. Criminal sanctions are also available under the Crimi- nal Code, where the unlawful acquisition, disclosure, or use of trade secrets may constitute a criminal offence, depending on the circumstances of the con- duct and the means used to obtain the information. With respect to procedural mechanisms to preserve confidentiality during litigation, Mexican law allows parties to request confidentiality measures before the competent authority or court. These may include restricted access to judicial files, limitation of access to the information to the parties and authorised per- sonnel only, on-site review of documents at court facilities, and restrictions on obtaining or issuing cer- tified copies of confidential materials. These measures the information in the public domain. 5.5 Enforcement and Remedies
In addition, trade secrets should be appropriately documented and handled in a manner consistent with their confidential nature, including physical and electronic safeguards, access controls, and internal policies designed to prevent unauthorised disclosure or use. Disclosure to employees or third parties does not automatically eliminate protection, provided that con- fidentiality is maintained and reasonable protective measures are in place. However, if disclosure is made without adequate safeguards or without imposing confidentiality obligations, protection may be weak- ened or lost depending on the circumstances. 5.3 Misappropriation of Trade Secrets In Mexico, misappropriation or unlawful acquisition of trade secrets occurs when confidential informa- tion of industrial or commercial value is obtained, used, or disclosed without authorisation and through improper means. This includes acquisition by theft, unauthorised access, breach of confidentiality obliga- tions, inducement to breach, fraud, deception, abuse of trust, or any conduct contrary to honest commer- cial practices. It also covers the use or disclosure of a trade secret by a person who knew, or should have known, that the information was obtained unlawfully or in breach of a duty of confidentiality. Employee, joint venture, and competitor disputes are generally assessed on a case-by-case basis, depend- ing on the existence of contractual confidentiality obli- gations, the scope of authorised access to the infor- mation, and whether reasonable measures to maintain secrecy were in place. In employment contexts, dis- putes typically focus on whether the information was obtained within the scope of employment and whether post-employment use or disclosure violates confiden- tiality duties. In joint ventures, the analysis generally turns on contractual allocation of rights and permitted uses of shared information. In competitor disputes, the key issue is usually whether acquisition or use occurred through improper means or induced breach of confidentiality obligations. Remedies for misappropriation include administrative sanctions, criminal liability, civil claims for damages, and injunctive relief.
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