Trade Secrets Law in Jordan
Jordan has a dedicated legal framework for the protection of trade secrets, primarily governed by Law No. 15 of 2000 on Unfair Competition and Trade Secrets. This law explicitly defines and protects trade secrets, aligning with international standards such as the TRIPS Agreement.
📘 Legal Definition of Trade Secrets
Under Article 4 of the law, information qualifies as a trade secret if it:
Is secret, meaning it is not generally known or readily accessible to persons within the circles that normally deal with such information.
Has commercial value because it is secret.
Has been subject to reasonable steps by the person lawfully in control of the information to keep it secret.(WIPO)
This definition is consistent with international norms and provides a clear basis for the protection of trade secrets in Jordan.
⚖️ Scope of Protection
Article 6 of the law outlines what constitutes misuse of trade secrets, including:(WIPO)
Breach of contract.
Breach of trust.
Acquisition of trade secrets through dishonest commercial practices.(WIPO)
However, the law clarifies that reverse engineering or independent discovery of trade secrets does not constitute misuse.(Quinn Emanuel)
🛡️ Remedies and Enforcement
Article 7 provides civil remedies for the lawful holder of a trade secret, including:
Compensation for damages.
Injunctive relief to stop the misuse.
Precautionary measures such as impoundment of goods and preservation of evidence.(WIPO, Ropes & Gray, WIPO)
These provisions empower businesses to take legal action in cases of trade secret misappropriation.
🏛️ Enforcement and Challenges
While Jordan's legal framework for trade secrets is robust, challenges remain in enforcement, particularly in the digital realm. A study published in the Cybercrime Journal suggests that Jordan's legal system may need to adapt to better address the complexities of cyberspace and enhance the protection of trade secrets in this context. (Cybercrime Journal)
✅ Practical Tips for Businesses
To effectively protect trade secrets in Jordan:
Implement Non-Disclosure Agreements (NDAs): Ensure that employees, contractors, and business partners sign NDAs to legally bind them to confidentiality.
Establish Internal Policies: Develop clear policies for handling confidential information and ensure that employees are trained on these procedures.
Utilize Technical Measures: Employ encryption, access controls, and other security measures to safeguard digital information.
Monitor and Enforce Rights: Regularly audit for potential breaches and take swift legal action when necessary.
In summary, Jordan provides a comprehensive legal framework for the protection of trade secrets, offering both preventive measures and remedies for misappropriation. By proactively implementing protective strategies, businesses can safeguard their valuable confidential information.
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