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Legal regulation:

  • the Civil Code of the Republic of Belarus (Chapter 66);
  • the Law of the Republic of Belarus “On the Trade Secret” from January 5, 2013.

A person that lawfully owns information constituting a trade secret (know-how) has the right to protection of this information against illegal use.

The information constituting a trade secret (know-how) is protected under the trade secret regime in the case when it meets the requirements determined in the paragraph 2 article 140 of the Civil Code of the Republic of Belarus, namely:

  • isn’t generally known or readily accessible to third parties in the circles that usually deal with such information;
  • has commercial value for its owner since it’s undisclosed to third parties;
  • isn’t subject to exclusive rights on the results of intellectual activity and isn’t classified as a State secret according to the established order.

The trade secret regime is considered to be established after the content of information protected under the trade secret regime has been determined and the person that lawfully owns this information has taken the complex of measures necessary for ensuring its confidentiality.

Information, in respect of which the trade secret regime cannot be established, is determined by the legislation.

The property rights relating to information constituting the trade secret (know-how) aren’t formally limited by any term and are valid while the mentioned conditions are maintained.

Unpatented technologies, devices, practices, etc. can be protected as a trade secret (know-how), i.e.:

  • protection of information as a trade secret (know-how) can appear as an alternative to patenting;
  • the right holder can protect a significant solution with a patent and the information useful for its realization as a trade secret, i.e. combine two possibilities;
  • the right holder can choose trade secret (know-how) as a mode of protection of any solutions or information, even unpatented, which have commercial value for them.

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