Trade Secrets Law in Kyrgyzstan
Here’s an overview of Trade Secrets law in Kyrgyzstan:
🇰🇬 Trade Secrets Law in Kyrgyzstan
1. Legal Framework
Trade secrets in Kyrgyzstan are protected under multiple laws rather than a single dedicated statute:
Law on Commercial Secrets (Trade Secrets) — specifically addresses trade secret protection.
Civil Code — includes provisions related to confidentiality and unfair competition.
Law on Intellectual Property — provides supplementary protection.
Criminal Code — contains offenses related to unauthorized disclosure or theft of trade secrets.
Kyrgyzstan is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
The country is also part of the Eurasian Patent Organization (EAPO), which harmonizes IP laws regionally.
2. Definition of Trade Secrets
Trade secrets are defined as:
Information that is not publicly known or readily accessible.
Has commercial value due to its secrecy.
Is subject to measures to keep it confidential.
3. Protection Mechanisms
Trade secrets are protected through:
Confidentiality agreements (NDAs) and internal company policies.
Legal actions for breach of confidentiality and unfair competition.
Criminal sanctions for theft or illegal disclosure.
The law requires owners to take reasonable steps to maintain secrecy.
4. Enforcement
Available remedies include:
Civil injunctions preventing unauthorized use or disclosure.
Damages or compensation.
Criminal penalties, including fines or imprisonment for serious violations.
Enforcement is through Kyrgyz courts and administrative bodies.
5. International Treaties
Kyrgyzstan is a party to:
WTO, adhering to TRIPS.
Eurasian Patent Organization (EAPO).
Paris Convention.
Various WIPO treaties.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Commercial Secrets, Civil Code, Criminal Code |
| Definition | Secret info with commercial value, kept confidential |
| Protection Mechanism | NDAs, breach of confidentiality, unfair competition laws |
| Enforcement | Injunctions, damages, criminal sanctions |
| International Treaties | WTO/TRIPS, EAPO, Paris Convention |
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