Trade secrets are confidential information protected by intellectual property (IP) rights and is available for sale or licensing.
In general, information must contain the following elements to qualify as a trade secret:
Unauthorized access, use, or disclosure of such secret information in a contradictory manner to fair business practices is considered an unfair practice and a violation of trade secret protection.
In general, trade secrets may be used to protect any confidential business information that gives an enterprise a competitive edge and is unknown to others. Trade secrets include technical information, such as manufacturing processes, pharmaceutical testing data, computer program designs and drawings, and commercial information, such as distribution methods, supplier and client lists, and advertising strategies.
Additionally, trade secrets may be used to protect financial information, formulas and recipes, and source codes.
In contrast to Patents, trade secrets are safeguarded without registration, which means they are protected without any formalities. A trade secret is perpetually protected unless it is discovered or legally acquired by others and made public. For these reasons, trade secret protection may appear to be an especially appealing option for certain businesses. However, certain conditions must be met before the information is considered a trade secret. Compliance with such requirements may prove to be more challenging and costly than first appears.
Trade secret violation is referred to as “misappropriation.” It happens when a person wrongly acquires a trade secret or incorrectly reveals or uses a trade secret without authorization or with cause to know that a mistake or an accident has gained information on the trade secret. Misappropriation should not be deliberate. It can be done inadvertently or negligently.
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The following actions constitute misappropriation of a trade secret and are expressly prohibited by law:
Trade secrets are protected explicitly under the UAE’s Industrial Property Law (Law No. 31 of 2006), which also governs patents and industrial designs. Further, in DIFC, the Intellectual Property Law DIFC Law No. 4 of 2019 is the first legislation in the UAE to regulate trade secrets.
HHS Lawyers & Legal Consultants consist of specialized IP professionals who can assist you in filing Trade Secret Litigation. Apart from this, HHS Lawyers and Legal Consultants also provide you with services relating to Trade Secret Litigation enforcement, such as:
If you need any legal assistance with your legal issues, please do not hesitate to contact us.