Trade Secrets Law in Tajikistan
Trade Secrets Law in Tajikistan
1. Legal Framework
Tajikistan has specific laws that recognize and protect trade secrets. The main sources of law include:
Civil Code of the Republic of Tajikistan
Law of the Republic of Tajikistan "On Commercial Secrets" (2002)
Labor Code of Tajikistan
Criminal Code of Tajikistan (for criminal liability in case of industrial espionage or disclosure)
Tajikistan is also a member of the WTO and complies with the TRIPS Agreement (Article 39), which provides standards for trade secret protection.
2. Definition of a Trade Secret
Under the Law on Commercial Secrets, a commercial (trade) secret is:
"Information related to production, technology, management, finance, or other activities that has real or potential commercial value due to being unknown to third parties, and which is protected by its owner."
This includes formulas, methods, processes, financial data, customer lists, etc.
To be protected, the information must:
Not be publicly known or easily accessible,
Have commercial value because it is secret,
Be subject to measures taken to maintain its secrecy.
3. Protection Mechanisms
Protection is granted both through:
Statutory Protection (via the 2002 Commercial Secrets Law),
Contractual Protections (NDAs, confidentiality clauses),
Internal Policies (limiting access, labeling documents, training).
4. Employee Obligations
The Labor Code of Tajikistan requires employees to:
Maintain confidentiality of trade secrets learned during employment,
Not disclose such information after termination of employment if agreed in writing.
Employers often use employment contracts and separate NDAs to reinforce these obligations.
5. Enforcement and Remedies
Trade secret holders can seek the following remedies in case of misappropriation:
Civil Liability:
Injunctions to prevent further disclosure or use,
Compensation for damages,
Return or destruction of confidential materials.
Criminal Liability (under the Criminal Code):
In serious cases, such as deliberate industrial espionage,
Penalties can include fines or imprisonment.
Administrative liability (fines, sanctions) may also apply in some circumstances.
6. International Obligations
Tajikistan is a WTO member and bound by the TRIPS Agreement, which requires protection of undisclosed information.
The national law aligns broadly with TRIPS Article 39.
Summary Table
| Aspect | Details |
|---|---|
| Dedicated Law | Law "On Commercial Secrets" (2002) |
| Definition | Confidential business info with commercial value |
| Requirements | Secrecy, commercial value, and protective measures |
| Protection Mechanisms | Civil, criminal, and contractual |
| Employee Obligations | Confidentiality duty during and after employment (if agreed) |
| Remedies | Injunctions, damages, destruction of infringing materials |
| Criminal Provisions | Yes, for serious offenses (e.g., espionage) |
| International Compliance | TRIPS (WTO member) |
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