Protecting Trade Secrets in Qatar

Analysis

The World Intellectual Property Organization defines trade secrets as any confidential business information that provides an enterprise a competitive edge. The subject of this definition covers a broad range of business information such as sales and distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes.

In Qatar, trade secrets are protected under Qatar Law No. 5/2005 on the Protection of Secrets of Trade (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