Trade Secrets Law in Kazakhstan
Trade Secrets Law in Kazakhstan
🇰🇿 Legal Framework
Kazakhstan protects trade secrets primarily under the Law on Trade Secrets (adopted in 2015) and through provisions of the Civil Code and Labor Code. The law aims to safeguard confidential business information from unauthorized use or disclosure.
Kazakhstan is also a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which requires protection of undisclosed information (trade secrets).
🔐 Definition of Trade Secrets
Under Kazakh law, a trade secret is defined as any information that:
Has actual or potential commercial value due to its confidentiality;
Is not publicly known or readily accessible;
Is protected by the rightful owner by taking necessary steps to maintain secrecy.
This includes technical, technological, organizational, commercial, or other types of information.
🛡️ Protection Scope
Trade secrets are protected against:
Unauthorized acquisition through unlawful means (theft, espionage, bribery);
Unauthorized use or disclosure, including breaches of confidentiality agreements or labor contracts.
Employers have the right to require employees and third parties to maintain confidentiality regarding trade secrets.
⚖️ Remedies and Enforcement
The law provides remedies including:
Injunctions to prevent or stop unauthorized use or disclosure;
Compensation for damages caused by misappropriation;
Disciplinary or administrative penalties against employees violating confidentiality;
Criminal liability in serious cases of industrial espionage or trade secret theft.
📜 Additional Legal Context
Confidentiality agreements (NDAs) are commonly used to protect trade secrets.
The Civil Code regulates contractual obligations and liability for breach.
The Labor Code imposes confidentiality obligations on employees.
🌍 International Compliance
Kazakhstan’s trade secret regime complies with the TRIPS Agreement under the WTO. While not an EU member, Kazakhstan aligns its intellectual property laws with international standards.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Law on Trade Secrets (2015), Civil Code, Labor Code |
| Definition | Confidential info with commercial value, subject to protection |
| Protection Scope | Against unlawful acquisition, use, and disclosure |
| Remedies | Injunctions, damages, disciplinary/admin penalties, criminal liability |
| Additional Laws | Civil Code, Labor Code |
| International Framework | TRIPS Agreement compliance |
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