The Undisclosed Information in the Yemeni Law

Abstract

Law No. (2) of the year 2011 was issued on 12 Jan، 2011 with regard to patents and utility models، integrated departments design، and undisclosed information. It was one of the recent laws that has been issued shortly before Yemen joined the World Trade Organization. It is also considered as the first law in Yemen that is concerned with regulating undisclosed information although it did not achieve the desired level as it did not involve any provisions that establish responsibility against anyone who discloses such information and then make such people subject to a claim for compensation. In addition، the articles of this law have no punitive terms، which criminalize actions that would lead to expose، take over and reveal this information. This is due to the importance of the said information for commercial and industrial projects، which depend upon such information to increase their competitive capabilities in the market، to increase and develop production and also to reduce expenses.  Moreover، such information plays key role in technology transfer process.  Thus، this research investigates the law's provisions that are related to undisclosed information in Yemeni Law; the study includes two parts.  The first part studies the undisclosed information in terms of its definitions and different forms; also، the necessary conditions in order to add protection to this information and the obligations imposed on the holder of such information. Whereas، the second part discusses the different types of information disclosure and penalty imposed for such disclosures. The research employs both descriptive and comparative analytical methods to analyze the data.