Trade Secrets Law in Kuwait
Here’s an overview of Trade Secrets Law in Kuwait:
🇰🇼 Trade Secrets Law in Kuwait
1. Legal Framework
Kuwait does not have a specific standalone statute exclusively dedicated to trade secrets.
Trade secrets protection is provided under:
Law No. 64 of 2019 on Combating Commercial Fraud and Protection of Intellectual Property Rights, which includes provisions to protect trade secrets and confidential business information.
Law No. 67 of 1980 on Patents, Industrial Designs and Commercial Models also indirectly supports protection of undisclosed information.
General contract law and unfair competition principles in the Civil and Commercial Codes.
Kuwait is a member of the World Trade Organization (WTO) and adheres to the TRIPS Agreement, which requires protection of undisclosed information.
2. Definition and Protection
Trade secrets are defined as any technical, commercial, or financial information that:
Is secret (not generally known or easily accessible),
Has commercial value because it is secret,
Is subject to reasonable efforts to maintain its secrecy.
Protection covers business strategies, manufacturing processes, formulas, customer lists, and other confidential information.
Protection is granted mainly through contractual confidentiality agreements, tort law for breach of confidence, and criminal penalties for unauthorized use or disclosure.
3. Applicable Laws and Provisions
| Law / Regulation | Description |
|---|---|
| Law No. 64 of 2019 | Provides protection against commercial fraud and IP rights violations, including trade secrets. |
| Law No. 67 of 1980 | Covers patents and industrial designs; indirect protection of confidential info. |
| Civil and Commercial Codes | Provide for contract enforcement and tort liability for breaches of confidentiality. |
4. Enforcement and Remedies
Remedies for trade secret misappropriation include:
Injunctions to prevent further unauthorized use or disclosure,
Monetary damages for losses suffered,
Criminal sanctions including fines and imprisonment for severe violations,
Confidentiality during litigation to protect trade secrets in court proceedings.
Enforcement is carried out through civil courts and criminal prosecution when applicable.
5. International Treaties
| Treaty / Agreement | Status |
|---|---|
| WTO/TRIPS Agreement | Member |
| Paris Convention (WIPO) | Member |
| Patent Cooperation Treaty | Member |
6. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | No standalone law, but protected under Law No. 64/2019 and general IP and commercial laws |
| Protection basis | Contractual confidentiality, tort liability, criminal sanctions |
| Enforcement | Civil courts and criminal prosecution |
| International obligations | WTO/TRIPS, Paris Convention |
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