Contractual Obligations for the Protection of Trade Secrets in Commercial Relationships
摘要
This study entails the protection of trade secrets against commercial contracts, making emphatic conclusions regarding the role of contracts in maintaining confidentiality on trade information and protecting it against unauthorized disclosure and misuse. The study makes a proposition for the inclusion of legal provisions, such as non-disclosure and non-compete agreements, in commercial contracts between companies and other parties to retain a competitive advantage and secure trade secrets. It also reviews the Jordanian legislation regarding this area of law, striking a balance between the interests of companies in protecting information and those of individuals in pursuing employment opportunities. This study will show that contractual protection is an effective tool for achieving confidentiality and that legal provisions related to non-disclosure and non-compete clauses contribute to preventing the misusage of trade secrets. It further argues that Jordanian legislation strikes a fair balance between corporate rights and individual rights. In view of the findings of this study, it is recommended that companies be sensitized legally on the importance trade secret protection clauses need to be included in their contracts. Amendments to the law are also proposed to clarify legal standards on non-disclosure and non-compete clauses, together with eradicating existence awareness and training on legal procedures for protecting trade secrets, directed mainly at small and medium enterprises.