Puerto Rico (Common Law)

Last Modified: 
2011-08-18

Puerto Rico has not created its own trade secrets statute nor has it adopted the Uniform Trade Secrets Act.

However, Puerto Rican courts do recognize some common law rights related to trade secrets. Puerto Rican rules of evidence recognize a trade secrets privilege that may be invoked if a proceeding might otherwise force the revelation of commercial or business information. Rules of Evidence for the General Court of Justice, 1979 - Rule 30 (32 L.P.R.A. Ap. IV R. 30).

In addition, despite the lack of statutory guidance, some courts will apply common law concepts such as unjust enrichment and unfair competition to alleged misappropriation of trade secrets cases. See LawForChange.org's Puerto Rico Trade Secrets page.