Trade Secrets Law in Russia
Sure! Here's a concise overview of Trade Secrets Law in Russia:
🇷🇺 Trade Secrets Law in Russia
1. Legal Framework
Trade secrets in Russia are protected primarily under Chapter 8, Article 139 of the Civil Code of the Russian Federation (effective since 2008).
Additional provisions are found in Federal Law No. 98-FZ “On Commercial Secrets” (1994), which complements the Civil Code.
2. Definition of Trade Secret
Russian law defines a trade secret as:
Any information that is not publicly known or easily accessible to persons in the relevant field.
Has commercial value due to its secrecy.
Is subject to legal protection by the owner, including confidentiality measures.
Trade secrets include technical, technological, production, commercial, organizational, and other information.
3. Protection Criteria
To qualify as a trade secret, the information must meet:
Secrecy: Not generally known.
Commercial value: Gives an economic advantage.
Confidentiality measures: The owner must take reasonable steps to keep it secret (e.g., NDAs, restricted access).
4. Scope of Protection
Covers any unlawful acquisition, use, or disclosure of the trade secret.
Protection extends to employees, contractors, and third parties.
Misappropriation can lead to civil, administrative, and sometimes criminal liability.
5. Enforcement and Remedies
Trade secret holders can seek:
Injunctions to stop violations.
Compensation for damages, including lost profits.
Destruction or return of materials containing the secret.
Courts can impose temporary measures during litigation to prevent further disclosure.
6. Employment and Confidentiality
Employees are obligated to maintain confidentiality during and after employment.
Employers typically require confidentiality agreements and may impose non-disclosure and non-compete clauses.
Summary
Russia’s trade secrets law provides broad protection through its Civil Code and supporting legislation. The key to protection is maintaining secrecy and demonstrating reasonable efforts to safeguard the information. Violations may lead to civil and criminal penalties.
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