Concept of Trade Secrets and Legislation in Turkmenistan

BUSINESS TURKMENISTAN
Concept of Trade Secrets and Legislation in Turkmenistan
The legislation of Turkmenistan on trade secrets is based on the Constitution of Turkmenistan and consists of the law of Turkmenistan “On Trade Secrets” and other regulatory legal acts of Turkmenistan.

Trade secret is information that is not a state secret, related to the economic, financial, industrial, technological and other activities of an enterprise, organization, institution or individual entrepreneur, the disclosure (transfer, leak) of which may harm their activities and interests.

Legislation of Turkmenistan on trade secrets

The legislation of Turkmenistan on trade secrets is based on the Constitution of Turkmenistan and consists of the law of Turkmenistan “On Trade Secrets” and other regulatory legal acts of Turkmenistan.

Legal protection of trade secrets of foreign legal entities, their branches and representative offices, as well as citizens of foreign states, stateless persons operating in the territory of Turkmenistan, is provided in accordance with the legislation of Turkmenistan.

Scope of the Law of Turkmenistan “On Trade Secrets”

This Law applies to citizens of Turkmenistan, citizens of foreign states, stateless persons, legal entities, branches, representative offices of legal entities located in the territory of Turkmenistan, in possession, use and disposal of which information constitutes trade secret (hereinafter referred to as copyright holders). It also applies to persons for whom such information has become known in the prescribed manner.

Trade Secret Information Requirements

Information constituting a trade secret must comply with the following requirements:

  • to have actual or potential value for its owners due to its unknown nature to third party(s);
  • not be well-known or generally available in accordance with the legislation of Turkmenistan;
  • be provided with appropriate measures to protect its confidentiality, including the development of internal rules for restricting use, the introduction of appropriate labeling of documents and other storage media, organization of accounting, storage and use.

Divulging Trade Secrets

The disclosure of trade secrets means the deliberate actions of a person (s) having access to information constituting a trade secret, entailing its premature discovery or uncontrolled use, or the dissemination of such information, as a result of which the interests of the enterprise, organization, institution or individual entrepreneur are or may be harmed.

The following is not considered a disclosure of trade secret:

It is not considered to be the disclosure of trade secrets the message or the provision of information constituting trade secrets to a third party (s) in cases provided for by the legislation of Turkmenistan, as well as to a person(s) providing legal rights, accounting, other consulting or representation services, or performing certain work, provided that it is necessary for rendering the service or work.

BT Legal Affairs Department