LAW OF THE REPUBLIC OF TAJIKISTAN

of June 18, 2008 No. 403

About trade secret

This Law governs the relations connected with reference of information to trade secret, transfer of such information, protection of its confidentiality for the purpose of ensuring balance of interests of owners of information which is trade secret and other participants of the regulated relations including the states in the market of products, work and services.

Article 1. Legislation of the Republic of Tajikistan on trade secret

The legislation of the Republic of Tajikistan on trade secret is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 2. Scope of this Law

This Law is applied to the relations connected with reference of information to trade secret, its transfer and protection of its confidentiality for the purpose of ensuring balance of interests of owners of such information.

Provisions of this Law are not applied in the relation to the data containing the state and bank secrecy.

Article 3. Basic concepts

In this Law the following basic concepts are used:

trade secret - the confidentiality of information allowing its owner to increase under the existing or possible circumstances the income, to avoid unjustified expenses, to save market position of goods, work, services or to receive other commercial benefit;

information containing trade secret - scientific and technical, technological, production, financial and economic or other information which has the real or potential commercial value owing to uncertainty to her third parties, to which there is no open entry legally and in the relation to which the owner of such information introduces regime of trade secret;

- the mode of trade secret - the legal, organizational, technical and accepted by the owner other information, containing trade secret, measures for protection of its confidentiality;

- the owner of information containing commercial the taynufizichesky and legal entity who has information containing trade secret, legally limits access to this information and sets the mode of trade secret in the attitude towards her;

- information access, containing commercial taynuoznakomleniye of physical persons and legal entities with information containing trade secret with the consent of its owner or on other bases, stipulated by the legislation, on condition of preserving confidentiality of this information;

- information transfer, containing trade secret - information transfer, to the partner containing trade secret and fixed on the material carrier, its owner based on the agreement in amount and on the conditions provided by the agreement;

- the partner - the party of the civil agreement to which the owner of information containing trade secret transferred this information;

- disclosure of information, component commercial taynudeystviye or failure to act as a result of which information which is trade secret in any possible (oral, written, other, including with use of technical means) form becomes known to the third parties without the consent of the owner of such information or contrary to the employment or civil contract.

Article 4. The right to reference of information to information containing trade secret, and methods of receipt of such information

1. The right to reference of information and on determination of the list and structure of such information belongs to the owner of such information taking into account provisions of this Law to information containing trade secret.

2. Information which is independently received by person is considered received by legal method in spite of the fact that contents of the specified information can match with contents of information which is trade secret which owner is other person.

3. The information containing trade secret, received from its owner based on the agreement or other legal cause is considered received by legal method.

4. Information containing trade secret which owner is other person is considered received illegally if its obtaining was performed with intentional overcoming by the accepted owner of information containing trade secret, measures for protection of confidentiality of this information and also if person obtaining this information knew or had good causes to believe that this information is trade secret which owner is other person and that performing transfer of this information person has no legal cause on transfer of this information.

Article 5. Data which cannot be trade secret

The mode of trade secret cannot be set facing the following data:

a) containing in the constituent documents of the legal entity, documents confirming the fact of introduction of records about legal entities and about individual entrepreneurs in the corresponding state registers;

b) containing in the documents granting the right to implementation of business activity;

c) about structure of property of the state unitary enterprise, public institution, and also about use of means of the relevant budgets by them;

d) about environmental pollution, condition of fire safety, sanitary and epidemiologic and radiation situation, safety of the foodstuff and other factors making negative impact on ensuring safe functioning of production facilities, safety of each citizen and safety of the population in general;

e) about the list of workers, wages system, indicators of industrial traumatism and professional incidence, and also about availability of free workplaces;

e) about debt of employers on salary payment and on other social payments;

g) about non-compliance with requirements of the legislation of the Republic of Tajikistan and the facts of accountability for making of these offenses;

h) about conditions of tenders or auctions for privatization of objects of state-owned property, public procurement of goods, works and services;

i) about the sizes of the income and structure of non-profit organizations, the sizes and structure of property, expenses, number and about compensation of workers, involvement of volunteers in activities of non-profit organizations;

j) about the list of persons having the right to act without power of attorney on behalf of the legal entity;

k) which obligation of disclosure or inadmissibility of access restriction to which it is established by the legislation of the Republic of Tajikistan.

Article 6. Provision of information which is trade secret

1. The owner of information containing trade secret on the motivated requirement of state body, local executive body, the government provides them on a grant basis information containing trade secret. The motivated requirement shall be signed by the responsible official, contain specifying of the purpose and legal basis of request of information containing trade secret, and term of provision of this information, except as specified, stipulated by the legislation the Republic of Tajikistan.

2. In case of refusal the owner of information containing trade secret to present her to state body, this body has the right to request this information judicially.

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