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Trade Secret Registration in Dubai, UAE
Trade secret protection in Dubai, UAE is essential if anyone wishes to establish an industry whose selling point is a secret. A trade secret can be the secret behind the success of a company. In other words, a trade secret can be the “success formula” that drives revenue to the company. The success formula can be anything like a design, recipe or secret formula. The uniqueness and the evident, favourable modifications associated with the product give the business establishment a huge benefit over the competitors. And yes, that unique formula could be the end result of a lot of experiments and research methods. The effort, time and money invested in these research activities must be valued and protected. Moreover, the successful trade secret which is one of the sole reasons for the success of the company must be protected by any means. If the revenue generation of the company is solely dependent on the trade secret, the protection of a particular trade secret becomes crucial. Usually, trade secrets are known only to the trusted few. If any 3rd party somehow gets access to the vital information, it can negatively influence the profits of the company. Protect your business trade secrets in UAE against any kind of disclosure.
Kentucky Fried Chicken (KFC) – Kentucky Fried Chicken is a well-protected trade secret. Two different companies are involved in the production of the final recipe. A portion of the recipe is manufactured by a company and the remaining by another company. Therefore, the information regarding the final blend of ingredients is unknown to the individual company involved in the manufacture. The secret recipe is protected in a safe.
Coca Cola – Coca Cola is one of the best-known cases of a trade secret. The world-renowned soft drink brand has the legacy of protecting the trade secret for more many decades. The Coca Cola proprietors claim that the recipe of Coca Cola is the world’s most protected trade secret. At present, the recipe is stored in a specially designed vault.
WD – 40 – The world-famous lubricant used for domestic purposes is another example of a trade secret.
Google Algorithm – Google algorithm is an intricate system of algorithms used by Google to display the search result for a particular query. Google keeps on updating the algorithms in the form of minor tweaks or major changes. The dedicated Google algorithm is a trade secret. Google has the unique recognition of being the most popular search engine in the world. Google enjoys more than 70% of the total search share.
A trade secret is a type of intellectual property a business employs for the production of a product. In the process, the business enjoys an evident competitive edge over the competitors. Here the trade secret employed can be a process, recipe, formula or a method that facilitates this competitive gain. Any competitive advantage over the competitor means the employed secret or process needs adequate security. The formula behind the manufacture of the soft drink Coca Cola is one of the finest and easily recognizable examples of a trade secret. The soft drink has a unique, peculiar taste that makes people the die-hard fans of the drink. The unique flavour of Coca Cola is the selling feature and there is no other alternative product available for the same.
The business establishes a monopoly as long as the trade secret remains unexposed and the business remains the only supplier of the particular product in the market. The UAE intellectual property rights cover trade secrets under the Federal Law Number 31 of 2006. The trade secret services in UAE is helpful for all the enterprises set up in the nation to safeguard their secret selling point.
Availing the right trade secret services in UAE can help you boost your business in the Emirates and stand out amongst the competitors. Benefits of holding a trade secret in UAE are many and they are listed below.
- There is no validity or expiry for a trade secret. The business establishment can maintain the trade secret for long durations or even decades. The business establishment need not reveal the trade secret irrespective of the situation.
- Trade secret registration is not obligatory in the Emirates.
- Gives a competitive endge to the holder of the trade secret.
- If the business establishment maintains the trade secret of a product, the same business enjoys the sole authority to alter or change the trade secret for the betterment of the product. Other than the original trade secret holder, no entity or individual is entitled to modify the trade secret.
- Disputes regarding trade secrets can be fixed effortlessly.
A company may employ any of the below mentioned items as trade secret for the manufacture of the product. And they are:
- Details regarding R & D
- Designs
- Devices
- Formulas
- Methods
- Inventions
- Algorithms for software
- Ingredients
- Software
The business which keeps a trade secret should protect the same in the best possible manner. Any breach might lead to serious consequences that may directly or indirectly affect the business. Here are the scenarios that might compromise a trade secret.
- A 3rd party gets access to the vital information connected to trade secret via hacking.
- Employees who resign may already have access to the trade secret and might help the competitor for financial gains.
- Even a business partner or a close acquaintance can compromise the trade secret for vested interests.
- If not properly handled even a customer can gain access to the trade secret.
- An existing employee or an insider can create trade secret breaches for the business.
- Insufficient evaluation or scrutiny of the employee prior to the disclosure of a trade secret.
- Lack of proper documentation like non-disclosure contract
The UAE Federal Law No 31 of 2006 lists the legality regarding trade secrets in the UAE. A Trade secret must be handled in the most professional manner so that it remains protected from any infringement. Here are the best practices to secure the trade secret from any unauthorized exploitation.
- Perfect documentation of the trade secret
- Access to the trade secret must be limited only to the most reliable employees or associates or business partners.
- Perform a detailed assessment to understand whether the particular work or project demands disclosure of the trade secret to a 3rd party. In other words, the necessity of disclosing the trade secret to a 3rd party must be contemplated.
- The vital information regarding the trade secret should never reach the public domain.
- Non-disclosure agreements must be signed with the employees or partners who require access to the trade secret.
- Follow strict guidelines regarding trade secret disclosure to employees and partners.
- A detailed assessment of the person who needs access to the trade secret.
- The 3rd party who needs access to the trade secret must be informed about the legal consequences of unapproved disclosures.
Trade secrets need not undergo a registration process, unlike patent registration. Trade secrets have no validity related restrictions unlike patents and can be maintained forever. Compare the possibilities and restrictions associated with both the categories of intellectual property rights.
The legality associated with intellectual property rights in the UAE can be a bit confusing and time-consuming. Need any assistance regarding trade secret registration services? We at Confident Business LLC offer the best solutions to all your trade secret needs in UAE.