Information constituting a trade secret may include:
- information on technological, production, organizational, marketing, intellectual, advertising and other features of the enterprise, organization, institution or individual entrepreneur;
- data that is the subject of professional, business, industrial, banking and other interests of an enterprise, organization, institution or individual entrepreneur;
- information about the structure of production management;
- information on sources of financing;
- information on transactions concluded, applicable prices;
- information about potential buyers and suppliers;
- non-patented scientific and technical developments of an enterprise, organization, institution or individual entrepreneur;
- databases and computer programs created by employees of enterprises, organizations, institutions or individual entrepreneurs;
- contents of accounting registers and internal accounting statements;
- other information classified as a trade secret in accordance with this Law and other regulatory legal acts of Turkmenistan.
Information about customers and correspondents of a credit institution, their bank accounts and operations with them, deposits, funds raised and placed, money transfers of individuals made through credit institutions without opening an account, funds and other valuables of a client held by a credit institution being a bank secret in accordance with the Law of Turkmenistan “On Credit Institutions and Banking Activities”, refers to information constituting a commercial secret.
Information constituting a trade secret may be on paper and magnetic media, in the form of audio-cinema video recordings, photographic films.
Non-trade secret information
Information that cannot constitute a trade secret includes:
- constituent documents (decision on the establishment of an enterprise or agreement of founders, charter);
- documents giving the right to engage in entrepreneurial (commercial) activities, including types subject to licensing (registration certificates, licenses, patents);
- information on the established forms of statistical reporting, as well as reporting on financial and economic activities and other data necessary to verify the correctness of the calculation and payment of taxes, as well as other obligatory payments to the State budget of Turkmenistan;
- information on the number, composition of employees, their wages and working conditions, as well as on the availability of jobs;
- information on environmental pollution, violation of antimonopoly legislation, non-compliance with labor protection rules, sale of products harmful to public health, as well as other violations of the legislation of Turkmenistan and the extent of damage caused.
During the privatization of state enterprises, the following information cannot be classified as trade secrets:
- on the size of the property of the enterprise and its cash;
- on investing in profitable assets (securities), authorized funds of other enterprises, in interest-bearing bonds and loans;
- on credit, trade and other obligations of the enterprise;
- on contracts with non-state enterprises, creative and temporary labor collectives, as well as individual citizens.
The procedure for the protection of information constituting a trade secret
The procedure for protecting information constituting trade secrets in accordance with the Law of Turkmenistan “On Trade Secrets” is determined by its copyright holder in the instructions on protecting trade secrets.
Instructions on the protection of trade secrets should contain:
- the composition and volume of information constituting a trade secret;
- the procedure for the assignment and removal of the heading of information constituting a trade secret;
- conditions for admission of a person (s) to information constituting a trade secret;
- the procedure for the use, recording, storage and labeling of documents and other storage media, products, information about which is a commercial secret;
- a form for registering persons receiving information constituting a trade secret;
- form of organization of control over the correct use of information constituting a trade secret;
- the procedure for the adoption of mutual obligations of the parties to preserve it when concluding agreements (contracts) on the implementation of any joint actions.
Protection of trade secrets in the implementation of contractual relations
In the implementation by enterprises, organizations, institutions, individual entrepreneurs of trade, economic, scientific, technical, monetary, financial and other relations, including with foreign partners, the contracting parties may specifically stipulate the nature, composition of information constituting a trade secret, as well as mutual obligations to ensure its safety in accordance with the legislation of Turkmenistan.
Responsibility for violation of trade secret laws
Officials, employees of enterprises, organizations, institutions, other individuals and legal entities that violate the procedure for the use, distribution, storage and protection of information constituting a trade secret established by this Law or the copyright holder are liable in accordance with the legislation of Turkmenistan.
BT Legal Affairs Department