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LAW OF THE REPUBLIC OF MOLDOVA

of July 6, 1994 No. 171-XIII

About trade secret

(The last edition from 17-05-2012)

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.

Article 3. Disclosure of trade secret

Disclosure of trade secret is understood as intentional or imprudent actions of government employees, statesmen, employees of business entity, and also other persons having the data which are trade secret, entrusted them or became to them known in connection with service or work, the entailed premature opening and uncontrolled use and distribution of the specified data.

Chapter II SUBJECTS AND OBJECTS of the TRADE SECRET

Article 4. Subjects of trade secret

(1) physical persons and legal entities of the Republic of Moldova, and also other states treat subjects of trade secret.

(2) the State guarantees the right of the subject of trade secret to its observance and protection in stipulated by the legislation procedure.

Article 5. Objects of trade secret

(1) Objects of trade secret (know-how) are purposely hidden economic interests and data on various parties and spheres of production and economic, management, scientific and technical, financial activities of business entity which protection is caused by interests of the competition and possible threat of economic safety of business entity.

(2) Unreasonable reference of public information is not allowed to trade secret.

(3) Content and amount of the data which are trade secret is determined by the subject of entrepreneurship.

(4) cannot treat objects of trade secret:

a) constituent documents, and also the documents granting the right to occupation business activity and separate types of the economic activity which is subject to licensing;

b) data in the approved forms of the statistical reporting, and also reporting on financial and economic activities and other data necessary for check of correctness of calculation and tax payment and other obligatory payments;

c) documents on tax payment and other payments in the national public budget;

d) the documents certifying solvency;

e) data on number, structure the working, their salaries and working conditions, and also about availability of free workplaces;

f) data on environmental pollution, antitrust violation, non-compliance with industrial safety rules, the sales of products doing harm to health of consumers and also about other violations of the law and the extent of the damage caused at the same time.

(5) data do not belong To objects of trade secret of the state and municipal companies to and in the course of their privatization:

a) about the sizes of property of the company and its money;

b) about investment of capital in earning assets (securities) of other companies, in bonds and loans, in authorized capitals of joint businesses;

c) about the credit, trade and other liabilities of the company following from the legislation and agreements signed by it;

d) about contracts with the non-state companies.

(6) Voided

Article 6. Competence and responsibility of subjects of trade secret

(1) the Procedure for protection of trade secret according to this law is determined by subject of entrepreneurship or the head appointed by it which brings it to the workers having access to the data which are trade secret.

(2) Violation by officials of the entrepreneurship established by the subject or the head of procedure for protection of trade secret appointed by it attracts responsibility, stipulated by the legislation.

(3) the Subject of entrepreneurship bears the personal responsibility for creation of necessary conditions for ensuring safety of trade secret.

(4) the Subject of entrepreneurship bears responsibility for unreasonable reference of public information to trade secret.

(5) the State assists the subject of entrepreneurship in creation of necessary conditions for ensuring safety of trade secret.

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