– Decision 486 of the Andean Community (Cartagena Agreement), in force since December 1, 2000.
– Legislative Decree 1044, Law for the Repression of Unfair Competition.

Membership in International Conventions

– WTO's TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 11, 1995.

Protection

Definition: an industrial secret shall be considered to be any undisclosed information within the lawful control of an individual person or legal entity that may be used for any productive, industrial, or commercial activity and that is capable of being transmitted to a third party.

Criteria for enforcement: the secret must fulfill the following requirements: (1) be secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (2) have commercial value because it is secret; and (3) been the subject of reasonable steps by the person lawfully in control of the information, to keep it secret. The information that must be disclosed by legal requirement or court order will not be considered a trade secret.

Registration: there is no procedure to obtain the registration of a trade secret due to its confidential nature. However, the owner can deposit the trade secret before a Notary, in a sealed and stamped envelope. This would serve to establish credibility regarding the date of existence of the trade secret in case of an eventual infringement.

Assignment - licensing: any person lawfully in control of a trade secret may transfer it to a third party or authorize its use by a third party. That authorized user shall be under the obligation not to disclose the industrial secret by any means, unless otherwise agreed with the person having transferred or authorized use of that secret. Agreements for the transfer of technological know-how, technical assistance, or the provision of basic or detailed engineering may include confidentiality clauses to protect the trade secrets contained therein, provided that such clauses are not contrary to antitrust provisions on free competition.

Remedies for misappropriation: the owner of a trade secret may file an infringement action based on unfair competition, as long as the secret was duly protected according to Article 260 of Decision 486.