Trade Secrets Law in Belarus
Here’s an overview of Trade Secrets Law in Belarus:
Trade Secrets Law in Belarus
1. Legal Framework
Belarus protects trade secrets primarily through:
The Law on Commercial Secrets (Trade Secrets) of the Republic of Belarus, adopted in 1993.
Provisions under the Civil Code of Belarus related to confidential information.
Relevant Labor Code articles governing employee confidentiality.
Belarus is also a member of the Eurasian Patent Organization (EAPO) and adheres to international IP treaties including the TRIPS Agreement via its WTO membership.
2. Definition of Trade Secrets
Under Belarusian law, a trade secret (commercial secret) is defined as any information that is unknown to third parties, has commercial value, and is subject to protection measures.
It may include:
Technical data,
Production processes,
Business plans,
Customer lists,
Financial information.
3. Protection and Obligations
Trade secrets must be kept confidential and reasonable steps should be taken to preserve secrecy.
Disclosure or use of trade secrets without authorization is prohibited.
Employment contracts usually include confidentiality clauses to protect trade secrets.
4. Enforcement and Remedies
Protection is enforced through civil claims for:
Injunctions,
Compensation for damages caused by unlawful use or disclosure.
Criminal liability can apply in cases of intentional disclosure or theft of trade secrets.
Administrative penalties may also be imposed.
5. Duration of Protection
Protection lasts as long as the information remains a secret and retains commercial value.
6. International Obligations
Belarus complies with international IP standards through:
Membership in the WTO (TRIPS Agreement),
Participation in the Eurasian Patent Convention (EAPC),
Membership in WIPO.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Law on Commercial Secrets (1993), Civil Code |
| Definition | Confidential information with commercial value |
| Protection Requirements | Reasonable measures to keep secret |
| Enforcement | Civil remedies, criminal and administrative penalties |
| Duration | As long as secrecy and commercial value persist |
| International Context | TRIPS Agreement, EAPO, WIPO |
RELATED Blog
0 comments