CPA steals training materials from UAE school

Picture for illustrative purposes only. ARCHIVE

Dubai-based lawyer Barney Almazar answers the most common questions regarding your legal options in various cases related to living and working in the UAE.

A reader asks: We’re a training center in UAE, and a trainer set up a similar company catering to UAE and Philippine markets despite a non-compete clause and has been contacting our students, offering free lessons using our review materials. A student also sent a screenshot of his presentation showing our logo. What are our legal options?

Atty. Barney says: The conduct you described gives rise to several legal remedies in the UAE, particularly where a trainer uses an employer’s confidential materials, goodwill, and client base to run a competing business.

UAE law generally enforces non-compete clauses when they protect legitimate business interests. The unauthorized use of course materials and your logo may also amount to intellectual property infringement and unfair competition, especially if it causes confusion or is used to attract students.

Compile evidence to support your case. In practice, a combined approach for criminal and civil remedies is advisable. If the trainer is a licensed Certified Public Accountant, a case may be filed before the Professional Regulation Commission Board of Accountancy for investigation and possible sanctions in the Philippines.

In the UAE, you may pursue civil and criminal remedies as well as enforce the non-compete clause, while in the Philippines, a professional disciplinary complaint may address the ethical dimension.

This column also appears in the Expat Media Special Edition magazine. Do you have a question for Attorney Barney? Contact him at barney@gulflaw.info or know more about him here. Barney Almazar is a director at Gulf Law in the UAE, Philippines, UK and Portugal. He is a member of the Philippine Bar and holds a UAE legal consultancy license. He is listed by Thomsom Reuters as one of the Super 50 lawyers in the Middle East and North Africa. Asian Legal Business has ranked him as top lawyer in the Philippines, Southeast Asia and Middle East.

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