Trade Secrets Law in Afghanistan

Here’s an overview of Trade Secrets Law in Afghanistan:

Trade Secrets Law in Afghanistan

1. Legal Framework

Afghanistan does not yet have a specific standalone trade secrets law.

Protection of trade secrets is generally covered under broader intellectual property laws and commercial laws.

The closest references to trade secrets protection appear in:

The Law on Patents, Industrial Designs, and Trade Secrets (Drafts have been discussed, but no fully implemented law as of now).

The Law on Commercial Secrets is not separately codified but aspects are included in civil and criminal law provisions related to unfair competition and breach of confidentiality.

Afghanistan is a member of the World Intellectual Property Organization (WIPO) and a member of the World Trade Organization (WTO) since 2016, thus committed to the TRIPS Agreement, which requires trade secrets protection.

2. Definition of Trade Secrets

Trade secrets generally refer to confidential business information that provides a competitive edge and is subject to reasonable efforts to keep it secret.

This includes formulas, practices, processes, designs, instruments, patterns, or compilations of information.

3. Protection Mechanisms

Protection largely depends on contractual agreements, such as non-disclosure agreements (NDAs) and confidentiality clauses in employment or partnership contracts.

Under the Afghan Civil Code, unfair competition, breach of confidentiality, or theft of business secrets can lead to civil liability and possible criminal sanctions.

The Penal Code includes provisions against theft, fraud, and unauthorized disclosure of confidential information.

4. Enforcement

Enforcement is mainly through civil courts and administrative authorities.

Affected parties can seek injunctions, damages, or criminal prosecution if trade secrets are unlawfully disclosed or misappropriated.

Given the evolving legal environment, enforcement may be inconsistent, and business reliance on contractual protections is key.

5. International Context

As a WTO member, Afghanistan must comply with the TRIPS Agreement, which obligates member countries to protect undisclosed information and trade secrets against unfair competition.

Afghanistan cooperates with WIPO for capacity building in intellectual property protection.

Summary

AspectDetails
Specific LawNo dedicated trade secrets law yet
Protection BasisContract law, Civil Code, Penal Code
DefinitionConfidential business information
EnforcementCivil and criminal courts, NDAs
International ObligationsTRIPS Agreement via WTO membership

 

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