LAW OF THE KYRGYZ REPUBLIC

of March 30, 1998 No. 27

About trade secret

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on March 2, 1998

This Law determines the legal basis of protection of trade secret in the territory of the Kyrgyz Republic.

The purpose of this Law is protection of trade secret and prevention of unfair competition when implementing economic activity.

Chapter 1. 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 which disclosure 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 restriction of use, introduction of the corresponding marking of documents and other data carriers, the organizations of accounting, storage and application.

Article 3. Unauthorized disclosure of trade secret

Unauthorized disclosure of trade secret is understood as intentional actions of the employees of business entity having the data which are trade secret or other physical persons and legal entities having access to trade secret, or which illegally received the data which are trade secret, entailed their premature opening and uncontrolled use or distribution therefore it is put or damage can be caused to interests of business entity.

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