Trade Secrets Law in Uzbekistan
Here’s an overview of Trade Secrets Law in Uzbekistan:
Trade Secrets Law in Uzbekistan
1. Legal Framework
Uzbekistan protects trade secrets through several legal instruments, including:
Civil Code of the Republic of Uzbekistan (provides general protection for confidential information),
Law on Commercial Secrets (Trade Secrets) — adopted to specifically regulate trade secret protection,
Labor Code (addresses employee confidentiality obligations),
Criminal Code (for penalties related to unauthorized disclosure or industrial espionage).
Uzbekistan is a member of the WTO and complies with the TRIPS Agreement regarding protection of undisclosed information.
2. Definition of Trade Secrets
According to Uzbek law, a trade secret is:
"Information that has actual or potential commercial value because it is unknown to third parties and is protected by the owner through reasonable confidentiality measures."
Examples include technical data, business strategies, formulas, manufacturing processes, client lists, and financial information.
3. Protection Mechanisms
Statutory Protection:
The Law on Commercial Secrets sets out requirements for protection, including that the information must be secret, valuable, and protected by confidentiality measures.
Contractual Protection:
Confidentiality agreements, NDAs, and confidentiality clauses in employment contracts are widely used.
Employee Obligations:
Employees must maintain confidentiality during and after employment, often formalized in contracts.
Internal Security Measures:
Businesses are expected to implement practical steps to maintain secrecy (restricted access, document marking, etc.).
4. Enforcement and Remedies
Civil Remedies:
Injunctions to stop disclosure or use, claims for damages, and return or destruction of confidential information.
Criminal Penalties:
For deliberate disclosure, theft, or industrial espionage, including fines and imprisonment.
5. International Commitments
Uzbekistan’s laws align with the TRIPS Agreement standards,
As WTO member, Uzbekistan is committed to protect trade secrets at a comparable level to international norms.
Summary Table
| Aspect | Details |
|---|---|
| Dedicated Law | Law on Commercial Secrets |
| Definition | Confidential info with commercial value, kept secret |
| Protection Mechanisms | Statutory, contractual, and internal measures |
| Employee Obligations | Confidentiality during and post-employment |
| Remedies | Injunctions, damages, criminal sanctions |
| International Compliance | TRIPS Agreement (WTO member) |
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