The secret is considered as property object, allowing the assignment and license of business secrets, with a regime similar to that of patents, where the transfer of know-how was already contemplated. Likewise, the regime is determined for cases of co-ownership about the secret; In these cases, what was agreed between the parties would prevail, failing which what is applicable in the Law will be applied and, in the rest, by the provisions on community of property of the Civil Code. Again, the legal regime is similar to that of patents. Finally, this chapter imposes responsibility to the transferor of secrets of which he was not the owner for the damages caused to the acquirer, provided that the former had acted in bad faith.
With respect to actions to defend business secrets, this right is equated to the rest of industrial property rights, again following the catalog of actions allowed for patents, such as cessation, removal and compensation. The attenuated liability of the third party in good faith that we talked about before materializes at this point, since the replacement of these actions by the payment of pecuniary compensation is allowed in some cases. Additionally, the Law allows the exercise of precautionary measures and preparatory proceedings to complement the defense actions, following the procedure established by both the Patent Law and the Civil Procedure Law.
One of the great advances incorporated is the confidentiality requirement in judicial proceedings on secrets, avoiding putting this valuable information at risk by carrying out an action, establishing preservation measures and sanctions for infringement.
The new Law represents an opportunity for all companies, to which it opens the possibility of protecting information that did not have clear protection as a business secret. Precisely for this reason it is necessary to implement a protection plan of the business secret to obtain the protection provided by the Law. Otherwise, the owner of the business secret would not be able to exercise the multiple actions that the new Law makes available to him.
Likewise, companies must be especially diligent with the information they receive and use that may be considered secret because, as we have already mentioned, they may be responsible for violations, even if they are third parties in good faith.
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