There no specific legislation governing trade secrets in St. Kitts and Nevis. However, at common law, trade secrets are governed under the law of confidence.

– Paris Convention for the Protection of Industrial Property, since April 9, 1995.
– WTO's TRIPS Agreement, since February 21, 1996.

Definition: there is no legal definition of a trade secret. At common law, trade secrets are governed under the law of confidence. Under this equitable doctrine, he who has received information in confidence is prohibited from taking unfair advantage of it or from profiting from the wrongful use or publication of that information.

Criteria for enforcement: the case law outlines three elements that must exist in order for an action for breach of confidence to succeed: (1) the information itself must have the necessary quality of confidence about it; (2) the information must have been imparted in circumstances involving an obligation of confidence; and (3) there must have been an unauthorised use of that information (to the detriment of the party communicating it).

Assignment - licensing: n.a.

Remedies for misappropriation: owners of trade secrets are entitled to common law remedies in the form of damages as well as equitable relief such as injunctions and account of profits.