Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 4, 2001 No. 224-IIG

About trade secret

(as amended on 09-04-2019)

Section I. General provisions

Article 1. Purpose of the Law

1.1. This Law governs the relations arising in the Azerbaijan Republic in connection with trade secret.

1.2. The data of all legal entities and physical persons in the Azerbaijan Republic representing trade secret have right of defense, irrespective of methods of their statement and the carrier.

1.3. The trade secret cannot be used as opposed to legitimate interests of the state, legal entities and physical persons.

1.4. The relations arising in connection with trade secret in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 2. Basic concepts

2.0. For the purpose of this Law the following basic concepts are used:

2.0.1. the trade secret is the data connected with productive, technological, management, financial and other activity of legal entities and physical persons which disclosure without the consent of the owner can cause damage to their legitimate interests;

2.0.2. "know-how" - the data carried as result of cerebration to trade secret, which are not protected by the patent according to the legislation or for the owner's reasons;

2.0.3. the owner of trade secret - the legal entity or physical person owning on legal causes trade secret;

2.0.4. the confidant of trade secret - the legal entity or physical person which received on legal causes trade secret at the owner of trade secret;

2.0.5. carriers of trade secret - the material and non-material objects expressing trade secret as signs, images, formulas, engineering procedures, signals and in other form;

2.0.6. the mode of trade secret - the system of legal, organizational, technical and other measures established by the owner of trade secret or the confidant on restriction of mastering trade secret;

2.0.7. distribution of trade secret - disclosure of trade secret to other persons by violation of the relevant legislation or contractual conditions;

2.0.8. illegal methods of mastering to commercial taynoyobretenia of trade secret by such illegal methods as plunder, photography of documents, removal from them of copies, use of force or threat, bribery, violation or instigation (coercion) to violation of obligations on observance of the mode of trade secret, connection to channels of communication, interception of negotiations and conducting observations.

Article 3. Criteria of reference of information to trade secret

3.0. To trade secret enter criteria of reference of information:

3.0.1. possession of free market price (owing to uncertainty to other persons matters from the point of view of receipt of benefit and arrived in field of activity, it can be sold, presented to other persons, it is transferred to them on contractual basis or according to the procedure of inheritance completely or in parts, etc.);

3.0.2. implementation by the owner of information of legal, organizational, technical and other measures for the purpose of protection of its privacy;

3.0.3. restriction on legal causes of free mastering this information.

Article 4. Information which is considered as trade secret

4.1. Information of legal entities and physical persons conforming to requirements of this Law is considered trade secret, except for:

4.1.1. the data which are the state secret;

4.1.2. the data (except for the information about founders (participants) of commercial legal entities and about their shares in the authorized capital) which found reflection in constituent documents;

4.1.3. data on the licenses granting the right to be engaged in some types of business activity;

4.1.4. the data which are available in financial statements, including audit opinion in stipulated by the legislation cases;

4.1.5. the information about the taxpayer which is not considered according to the tax legislation of the Azerbaijan Republic as tax secret;

4.1.6. data on forms and the amount of compensation, debts on the salary and social payments, the numerical list of workers, availability of vacant workplaces;

4.1.7. data on the intellectual property items protected by the patent and other documents on their protection;

4.1.8. the data on the market securities which are subject according to the legislation of the Azerbaijan Republic to promulgation by the issuer of securities, persons licensed in the security market, the central depositary managing joint-stock investment fund and investment fund;

4.1.9. data on activities of non-profit organizations;

4.1.10. data on implementation of the state program of privatization and conditions of privatization of specific objects;

4.1.11. data on procedure and terms of liquidation of the legal entity and promotion of requirements by his creditors;

4.1.12. data on acts concerning which according to the legislation of the Azerbaijan Republic the responsibility type is provided;

4.1.13. the data connected with observance of the ecological and antitrust law, work safety, sale of products able to cause population damage to health;

4.1.14. the data connected with the mode of trade secret which introduction is limited to the current legislation;

4.1.15. data on allocation, change and withdrawal of digital resources to the telecommunication operator and telecommunication provider;

4.1.16. other data which are not considered according to the legislation as trade secret.

4.2. Protection and use of information of legal entities and physical persons which is bank secrecy are regulated by the relevant legislation.

Article 5. Rights of the owner of trade secret

5.0. Treat the rights of the owner of trade secret:

5.0.1. establishment, change and cancellation of the mode of trade secret;

5.0.2. use of trade secret, transfer to her other persons on contractual basis, application of other methods of inclusion in civil circulation;

5.0.3. protection according to the legislation against the actions breaking the mode of trade secret or posing threat to violation of such mode;

5.0.4. obtaining judicially compensations of the damage caused by persons exploiting trade secret.

Section II. Mode of trade secret

Article 6. Establishment of the mode of trade secret

6.1. The mode of trade secret is set by the owner of trade secret.

6.1.1. establishment of the mode of trade secret can be assigned on contractual basis to the confidant of trade secret.

6.1.2. the owner and the confidant of trade secret shall observe the mode of trade secret.

6.2. Information Otnesennost to trade secret is expressed by the code "trade secret". Noted code is fixed in the data carrier and (or) documents accompanying it.

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