Trade Secret Protection Under Qatari Law

Trade secrets in Qatar are protected under Law No. (5) of 2005 on the Protection of Secrets of Trade ("Qatar Trade Secrets Law"). It is important to note, that no by-laws have been issued to give effect to the provisions of this law.

Definition

The Trade Secrets Law defines trade secret information in terms of three key requirements:

the information in its totality, form or combined components is usually unknown, or cannot be easily obtained by others who normally deal in such information; the information derives its value from being secret; and the information is confidential due to the measures taken by the legal holder of the information to maintain its confidentiality (Article 1). Protection under this law also covers trade secrets resulting from confidential experimentation or previously unknown data (Article 5).

Ownership of trade secrets

The Trade Secrets Law provides that legal title to a trade secret belongs to the individual or legal entity having the right to disclose, use or preserve the confidential information underlying the trade secret (Article 1).

Foreigners have the same rights as Qatari nationals under Qatar Trade Secrets Law, provided that they are nationals or residents of a state that grants Qatari nationals or residents reciprocal treatment (Article 2).

Owner's rights

The owner of a trade secret has a number of rights under the Qatar Trade Secrets Law. These rights include the right to:

prevent others from misusing the trade secrets (Article 3); dispose of the trade secrets (e.g. via assignment) in whole or in part, with or without consideration for such disposal (Article 4); and prevent others from disclosing, obtaining or using the trade secret without the owner's previous consent or in a manner contrary to honest commercial practices (Article 4). In view of these rights the Qatar Trade Secrets Law (Article 7) specifically prohibits the following actions by third parties:

breaching an agreement between the owner of a trade secret and an investor or user of the secret; breaching or inducing another to breach the confidentiality of trade secret information; acquiring trade secrets through fraudulent means; and acquiring trade secrets from third parties if the acquiring person knows or should have known that the third party obtained the trade secrets through means that are contrary to honest commercial practices (acquisition through independent development / scientific research is not contrary to honest commercial...

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