An Appraisal of the Legal Framework on Confidential Information and Trade Secrets in Nigeria

Confidential information and trade secrets remains key and significant to Intellectual Property. Intellectual property constitutes the intangible rights that protect the human intellect. This paper is on the protection of confidential information and trade secrets in Nigeria. This paper work highlights in brief intellectual property; define confidential information and trade secret, state out the rationale behind the protection, as well as the scope of confidential information and trade secret. The work took a look at the development of confidentiality and trade secret and highlights some legislation that protects confidentiality and trade secrets in Nigeria. The work also considers the qualification of what constitute trade secret, conditions to fulfil in sustaining action for breach of confidence, procedure for protecting confidential information and trade secrets, and discusses practical ways of protecting confidential information and trade secrets. Distinction between trade secrets and skill and knowledge an employee may take away is made. The paper discussed defence for breach of confidential information. Confidential agreement and the checklist are also discussed. Finally, the paper presents the relationship of patents and trade secrets and concludes by recommending the need for the enactment of Confidential Information and Trade Secret Act amongst others in Nigeria