Thesis
Should the misappropriation of trade secrets be a criminal offence in Oman? : a comparative analysis with England and the United States
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2019
- Thesis identifier
- T15379
- Person Identifier (Local)
- 201453873
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- This study considers the criminalisation of the misappropriation of trade secrets, which is conceptualised primarily as the dishonest acquisition, disclosure or use of the confidential commercial information of another. This consideration of the criminalisation question is generated mainly by the situation in Oman, the case in point. While the economic importance of trade secrets is substantial and the threat of misappropriation is serious, the Omani legal system currently provides only very limited civil protection for individuals and enterprises against the very real problem of the misappropriation of industrial and commercial information. An examination of the present civil remedies relating to the protection of trade secrets leads to the conclusion that these civil solutions are not adequate for Oman because of either the economic efficiency of the civil law itself, or its application and enforcement in Oman. It would remain inappropriate even if remedies were made widely available because Oman lacks sufficient deterrents for less affluent defendants and wealthy corporations. Arguably, a criminal law intervention could overcome many of the deficiencies in the civil law and could provide the necessary deterrent. However, the criminalisation solution still provokes significant academic and political controversy. Certainly, the criminal law is not an alternative tool that could be used lightly; rather its possible use requires plausible justifications. This study examines the case for criminalising trade secret misappropriation based on the interference with proprietary information, economic harm, and commercial immorality. This three-fold normative paradigm contributes to the scant literature on the criminalisation of trade secret misappropriation. Equally, the study is an original contribution to the development of an effective trade secrecy law in Oman, as it presents a new proposal for reform that is based on a comparative analysis with England and the United States. More importantly, the proposed criminal reform is Sharia-compliant and consistent with the social and economic conditions of Oman.
- Advisor / supervisor
- Farrand, Benjamin
- McDiarmid, Claire
- Neal, Mary (Law teacher)
- Resource Type
- Note
- This thesis was previously held under moratorium from 27th November 2019 until 27th November 2024.
- DOI
- Date Created
- 2019
- Former identifier
- 9912772693502996
Relazioni
Articoli
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PDF of thesis T15379 | 2021-07-02 | Pubblico | Scaricare |