Wednesday, March 13 2024   \  Published by Gowling WLG.

Protecting Your Trade Secrets in the UAE

Protecting Your Trade Secrets in the UAE

Most businesses will generate valuable data in the course of executing their business plan. This data can be 'non-technical' such as pricing data, forecasts, customer or vendor lists, or 'technical' such as product optimisation or performance data, secret product formulas or recipes, or know-how. Some of this data can deliver significant value to a business and a competitive edge, provided it is controlled and kept confidential from competitors. In this article, we look at what trade secrets are, why they are important, and the legal framework for trade secret protection in the United Arab Emirates (UAE).

Any data that has commercial value and is managed as confidential information can be considered a trade secret. Trade secrets play an important role in the knowledge-based ecosystem. With fast-moving technology and innovative business models, relying on patent protection to protect proprietary products or methods may not be appropriate or cost-effective. In some cases, those assets may not be protectable by patents. In other cases, for example, where the innovation is a manufacturing method, patent infringement will be difficult to detect and prove, and so the technology may lend itself better to trade secret protection. Read more

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