LAW OF THE REPUBLIC OF MOLDOVA

of July 6, 1994 No. 171-XIII

About trade secret

The parliament of the Republic of Moldova adopts this law.

This law determines the legal basis of protection of trade secret in the territory of the Republic of Moldova, responsibility of physical persons and legal entities for its disclosure. The purpose of the law is protection of trade secret and prevention of unfair competition when implementing economic activity.

Chapter I General provisions

Article 1. Concept of trade secret

(1) the trade secret is understood as the data which are not the state secret connected with production, technology, management, financial and other activities of business entity, disclosure (transfer, leakage) of which can cause damage to its interests.

(2) the Data which are trade secret are property of the subject of entrepreneurship or are in its ownership, use, the order in the limits set by it according to the legislation.

Article 2. Requirements to the data which are trade secret

The data which are trade secret shall conform to the following requirements:

a) have the real or potential value for the subject of entrepreneurship;

b) not be well-known or public according to the legislation;

c) be designated as appropriate with acceptance by subjects of entrepreneurship of proper measures on preserving their confidentiality through classification system of the called data, development of internal regulations of their classification, introduction of the corresponding marking of documents and other data carriers, the organization of confidential clerical work;

d) not be the state secret and not be protected by copyright, the related rights and the patent for the invention;

e) not contain data on the negative activities of physical persons and legal entities capable to cause damage to interests of the state.

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