Trade Secrets Law in Iran
Here’s an overview of Trade Secrets Law in Iran:
Trade Secrets Law in Iran
1. Legal Framework
Iran does not have a specific standalone trade secrets law.
Trade secret protection is derived from a combination of:
Civil law provisions on contracts and torts under the Iranian Civil Code,
Intellectual Property laws, including the Law for the Protection of Patents, Industrial Designs, and Trademarks (2008), which touches on confidential information,
General principles of unfair competition,
Employment laws containing confidentiality obligations for employees.
Iran is a member of the World Intellectual Property Organization (WIPO) but is not a WTO member and thus is not bound by the TRIPS Agreement.
2. Definition of Trade Secrets
No explicit statutory definition exists.
Generally, trade secrets are understood as any information that:
Is confidential and not publicly available,
Has economic value,
Is subject to reasonable efforts to maintain secrecy.
Includes formulas, business plans, processes, customer lists, technical know-how, etc.
3. Protection and Enforcement
Protection largely relies on:
Contractual arrangements such as NDAs and confidentiality clauses,
Remedies under civil law for breach of contract or unlawful disclosure,
Unfair competition laws that prohibit unauthorized use of confidential business information.
There is no specific criminal penalty solely for trade secret misappropriation, but related acts like industrial espionage may be punishable.
4. Remedies
Civil remedies include:
Injunctions to prevent use or disclosure,
Monetary damages,
Termination of contracts in cases of breach.
Enforcement can be challenging due to the absence of detailed statutory regulations and judicial precedent.
5. International Context
Iran is a WIPO member, participating in intellectual property cooperation.
Not a WTO member, so no binding obligations under TRIPS, but some local laws offer limited protection consistent with international norms.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Iranian Civil Code, IP Laws, unfair competition |
| Definition | Confidential, valuable information under contract |
| Protection Means | NDAs, contracts, civil remedies |
| Remedies | Injunctions, damages, contract termination |
| Criminal Penalties | Limited, mainly for industrial espionage |
| International Context | WIPO member, no WTO/TRIPS obligations |
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