A Guide to Trade Secrets in Dubai

A Guide to Trade Secrets in Dubai - Intellectual Property

by Zaara 16, Sep 2019

Dubai is one of the most popular business destinations in the world, attracting many business investors and young entrepreneurs worldwide. Although the demand for the business setup is increasing day by day, the supply by the Dubai government is still growing. 

It is just apt for business investors to set up their businesses in Dubai and develop themselves and the economy of Dubai. The need for the IPR law is also optimum with increased business setups. Intellectual property laws in Dubai are essential for proper governance of the business sector in every country, especially a vast Emirate like Dubai.

WIPO and Intellectual Property Law in Dubai

Intellectual property law generally governs the rights of the individual and the business organization. Intellectual property is a product that regulates the human intellect, including creative ideas, industrial models, songs, symbols, models, and brands. The concept of IPR came into force in the 1971 Federal Law regime.

WIPO stands for World Intellectual Property Organization, a government body responsible for governing IPR laws and the issues related to intellectual property rights. WIPO has provided for the four major types of properties included under the purview of the intellectual property law in the world. These are:

Trade Secrets in the Dubai

A trade secret is a term that has emerged recently. It is a type of intellectual property about essential or valuable information. 

In general terms, it is a type of information related to a business or an organization that cannot be reasonably ascertainable by others of the general public. Such information is of utmost value to the respective organization. 

A trade secret in Dubai is also called the driver of innovation. The UAE law recognizes a significant range of intellectual property rights, which are similar to the UK, US, and European law. The UAE has signed many conventions, such as the Madrid Convention, WTO TRIPS, etc. The Federal Ministry of Economy governs intellectual property registration.

The UAE companies law, which came into force on 1 July 2015, provides "Disclosure of Company Secrets" under article 369. The UAE already has many trade secret provisions and misappropriation of information. Hence, the UAE laws provide major regulations for infringement and registration. The following types of trade secrets are given by the Federal Law Number 31 of 2006:

  • Company manuals
  • Company programs
  • Client identities
  • Drawings
  • Formulas
  • Manufacturing process
  • Product ingredients
  • Technical information
  • Strategic plans

Trade Secret Audit in Dubai

Audit implies the reviewing and scrutiny of the company, whose primary purpose is to ensure complete organizational management. In a general sense, it ensures that all the compliance, business processes, and strategies are regularly implemented and provided for in the organization.

Essential requirements of a trade secret audit include:

  • Trade secret policies and procedures
  • Trade secret valuation
  • Trade secret portfolio

The secret trade audit will begin only after submitting the documents mentioned above. 

  • Planning the reforms
  • Communicating the said reforms
  • Initiating personal interview session
  • Reporting the reforms
  • Analyzing the data
  • Gathering all the information about the reforms and other such data involved.

Infringement of Trade Secret in Dubai

The violation of a trade secret is known as the misappropriation of a trade secret. Anyone deliberately disclosing a trade secret involves severe fines and punishment under UAE law.

Advantages of Availing Trade Secrets Services

Trade secrets services are essential for an organization. You can gain significant benefits by getting these services from an expert agency. Some of the advantages of availing the services of a trade secret service provider are:

  • Enhancing the competitiveness of the organization
  • Easing the legal as well as other paperwork formalities
  • Innovation and formulas can be fetched up with the help of an expert.
  • Getting immediate action.
  • Gaining knowledge about the current market trends and intellectual property laws and regulations.

An organization should be well-versed in all the major reforms and regulations with intellectual property rights. Trade secrets are essential intellectual property that can legally protect and secure your creation. Everyone wants to be at the top in this running business environment. Therefore, an organization should be ensured of the trade secret for the particular activity they are implementing. We at Commitbiz provide you with solutions for all your business needs. Our experts will help you in availing the copyright services accordingly. For any queries, contact us. We would be happy to assist you.

FAQs

How long can one protect trade secrets in Dubai?

You can save your trade secrets for unlimited time.

What are the items one can put in the trade secrets?

  • R & D
  • Designs
  • Devices
  • Formulas
  • Methods
  • Inventions
  • Algorithms for Software
  • Ingredients
  • Software

When was the trade secret law implemented in Dubai?

2006.

Which are the laws protected under the trade secret law?

  • UAE Companies Law 
  • Civil code
  • Penal code
  • Patent law

What elements are regarded as the trade secret by WIPO (The World Intellectual Property Office)?

  • Commercially valuable products
  • Known by a small people
  • Subject to the lawful holder of the knowledge taking reasonable precautions to keep it hidden, such as using confidentiality agreements with business partners and workers.

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