MEXICO Law and Practice Contributed by: Carlos Hernandez, Roxana Aispuro and Luis Emilio Moncada, BC&B Law & Business
tion of confidentiality or without knowledge that the information was a trade secret. 1.8 Computer Software and Technology There is no protection for trade secrets uniquely applicable to software and technology. As is mentioned in 1.2 What Is Protectable as a Trade Secret , the definition of trade secrets is applica - ble to any type of information with industrial or commercial application that provides a competi - tive or economic advantage over third parties in the performance of economic activities. The scope of protection of a trade secret is equally applied as long as the requirements are satisfied. 1.9 Duration of Protection for Trade Secrets The protection of a trade secret is maintained indefinitely as long as the information is kept as confidential and complies with the other require - ments of the law, as mentioned in 1.2 What Is Protectable as a Trade Secret and 1.4 Elements of Trade Secret Protection . The disclosure of any information (intentional or accidental) changes the nature of the informa - tion from confidential to public and, therefore, it can no longer be considered a trade secret. Even controlled disclosure can affect the existence or duration of a trade secret, given that the infor - mation loses the confidential nature required to be considered and protected as a trade secret. Nevertheless, Section I of Article 163 of the FLPIP also mentions that only information pro - vided to any authority by a person exercising legal control over the trade secret, when provid - ed for such purpose, will not be considered to be in the public domain or to have been disclosed by legal provision.
Owners must be prepared to implement and maintain all needed means and measures to pro - tect their trade secrets and prevent their inten - tional or accidental disclosure. The disclosure of a trade secret must be made in a conscious and strategic manner, considering the interests of the business and with the knowledge that once disclosed it will no longer be considered a trade secret. The management and decision of which information must be considered and maintained as trade secret is crucial for compa - nies and institutions. 1.10 Licensing According to Article 165 of the FLPIP, the person who exercises legal control over the trade secret may transmit it to or authorise its use by a third party. The authorised party will be obliged not to disclose the trade secret by any means. In agreements through which technical knowl - edge, technical assistance, or the provision of basic or detailed engineering are transmitted, confidentiality clauses may be established to protect the trade secrets included in the knowl - edge to be transmitted. These clauses must specify the confidential aspects of the knowl - edge. 1.11 What Differentiates Trade Secrets From Other IP Rights The main difference between trade secrets and other IP rights is that trade secrets are not regis - trable and therefore they are not limited by time or territoriality. Additionally, because maintaining a trade secret depends more on the implementa - tion of good practices for managing confidential information, it is more difficult to demonstrate the misappropriation of the trade secret in a trial. It is important to mention that a technology or invention can be protected by several IP rights,
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