of January 5, 2013 No. 16-Z
About trade secret
Accepted by the House of Representatives on December 17, 2012
Approved by Council of the Republic on December 20, 2012
In this Law the following main terms and their determinations are used:
the owner of trade secret - legal entity or physical person, including the individual entrepreneur, and also state body, the foreign organization, not being the legal entity, legally having data concerning which such persons according to this Law set the mode of trade secret, except as specified, when these data are trade secret of other persons;
access to trade secret - access with the consent of the owner of trade secret or on other legal cause of certain group of people with the data which are trade secret;
trade secret - data of any nature (technical, production, organizational, commercial, financial and other), including know-how (know-how) conforming to requirements of this Law concerning which the mode of trade secret is set;
the partner - the party of the civil agreement (except for the persons consisting in employment relationships with the owner of trade secret) to which the owner of trade secret provides access to the data which are trade secret;
the carrier of trade secret - the document or other material object on which the data which are trade secret contain in any objective form, including in the form of characters, images, signals allowing to recognize and identify these data;
non-disclosure obligation of trade secret - the civil agreement signed by the owner of trade secret or person who got access to it, with the person consisting in employment relationships with the owner of trade secret or person who got access to it, and determining the obligations of the parties connected with maintaining confidentiality of the data which are trade secret;
disclosure of trade secret - action (failure to act) as a result of which the data which are trade secret in any possible form (oral, written, other form, including with use of technical means) become known to the third parties without the consent of the owner of trade secret or other legal cause;
the mode of trade secret - the legal, organizational, technical and other measures taken for the purpose of ensuring confidentiality of the data which are trade secret;
the confidentiality agreement - the civil agreement signed by the owner of trade secret with the partner whose subject are obligations of the parties on ensuring confidentiality of the data which are trade secret.
This Law governs the relations arising in connection with establishment, change and canceling of the mode of trade secret, and also in connection with legal protection of trade secret.
Operation of this Law does not extend to the relations connected with the state secrets.
The relations in the field of trade secret are governed by the legislation on trade secret, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.
The legislation on trade secret is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, this Law and other acts of the legislation.
If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
Legal protection of trade secret arises from the moment of establishment concerning the data conforming to requirements of article 5 of this Law, the mode of trade secret and does not stop until the protected data conform to these requirements and the set mode of trade secret is effective.
Reorganization of the legal entity, and also the termination of activities of the individual entrepreneur are not the basis for the termination of legal protection of trade secret.
In case of liquidation of the legal entity the owner of property (founders, participants, other representatives according to legal acts of person) has the right to resolve issue of procedure for further preserving and use of the data which are trade secret and on effects of adoption of such decision for persons who got access to trade secret before liquidation of the legal entity.
The mode of trade secret can be set concerning data which at the same time conform to the following requirements:
are not well-known or easily accessible to the third parties in those circles which usually deal with data of this sort;
have commercial value for their owner owing to uncertainty to the third parties;
are not objects of exclusive rights on results of intellectual activities;
are not carried in accordance with the established procedure to the state secrets.
Data have commercial value if possession of them allows person to increase the income under the existing or possible circumstances, to cut down expenses, to save market position of goods, works or services or to receive other commercial benefit.
Data cannot be trade secret:
containing in constituent documents of the legal entity, and also entered to the Single state register of legal entities and individual entrepreneurs;
containing in the documents granting the right to implementation of business activity;
being the medical, lawyer, bank, tax or protected by the law other secret;
about real estate, the rights and restrictions (encumbrances) of the rights to real estate, containing in the single state register of real estate, the rights to it and transactions with it;
about structure of property of the state legal entities and legal entities, shares (share in authorized funds) of which belong to the state;
about use of means republican and (or) local budgets;
about state of environment, fire safety, sanitarnoepidemiologichesky and radiation situation, safety of the foodstuff and other factors rendering or capable to make negative impact on ensuring safe functioning of production facilities, safety of each citizen and the population in general;
about the amounts of taxes, charges (duties) and other obligatory payments which are subject to payment;
about the number and the list of workers, about conditions and labor protection, about indicators of industrial traumatism and professional incidence, and also about availability of free workplaces (vacancies);
about debt of employers on salary payment and on social payments;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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