Trade Secrets Law in Ukraine
Trade Secrets Law in Ukraine
Ukraine protects trade secrets through a combination of:
Specific legislation on trade secrets
Civil, criminal, and administrative laws
Contractual protections
International commitments, including the TRIPS Agreement
1. Legal Framework for Trade Secrets in Ukraine
a. Law of Ukraine on Protection of Rights to Know-How and Commercial (Trade) Secrets
Ukraine has a dedicated law on trade secrets enacted on July 5, 2001 (amended several times since).
This law defines trade secrets and establishes legal protections, enforcement, and remedies.
b. Definition of Trade Secrets
According to Ukrainian law, trade secrets are:
“Information, including technical, technological, organizational, commercial, financial, or other data that is unknown to the general public, has commercial value due to its secrecy, and is subject to measures by the owner to keep it confidential.”
c. Scope of Protection
Covers know-how, formulas, processes, business strategies, client lists, pricing policies, and other confidential information.
Protection applies regardless of the form or medium of information.
d. Acquisition, Use, and Disclosure
Unauthorized acquisition, use, or disclosure of trade secrets is prohibited.
Protection extends to employees, contractors, and third parties.
2. Remedies and Enforcement
Civil remedies: injunctions, damages, and compensation for losses caused by trade secret violations.
Criminal liability: under the Criminal Code of Ukraine for theft, disclosure, or illegal use of trade secrets.
Administrative penalties: fines and sanctions for violations.
Courts may order the return or destruction of unlawfully obtained materials.
3. Contractual Protection
NDAs and confidentiality agreements are commonly used and enforceable.
Employment contracts typically include confidentiality clauses protecting trade secrets.
4. International Commitments
Ukraine is a member of the World Trade Organization (WTO).
Bound by the TRIPS Agreement, ensuring protection of undisclosed information.
Ukraine is also party to several bilateral and regional trade agreements reinforcing IP protection.
5. Practical Considerations
Businesses should implement strict confidentiality policies.
Use NDAs and contractual clauses extensively.
Maintain documentation of security measures to protect secrecy.
Take prompt legal action against breaches.
Summary Table
| Aspect | Status in Ukraine |
|---|---|
| Dedicated Trade Secrets Law | ✅ Yes (Law on Protection of Trade Secrets, 2001) |
| Civil and criminal remedies | ✅ Yes |
| Contractual protections (NDAs) | ✅ Enforceable |
| TRIPS compliance | ✅ Yes |
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