Protecton of Undisclosed Information

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Protecton of Undisclosed Information

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Republic of Belarus, Minsk

Nezavisimosty pr., 56-302
tel.: +375 17 331 23 32
fax: +375 17 331 16 26
GSM: +375 296 370 370
+375 298 730 730
office@lexpatent.by

A person legally possessing a technical, organizational or commercial information, including trade secrets (know-how), unknown to the third parties (undisclosed information), in case that this information has an actual or eventual commercial value by virtue of uncertainty to the third parties, that there is no legal access to it and the owner of the information takes measures to protect its confidentiality, has the right to protection of that information against illegal use.

The right to protection of undisclosed information against illegal use arises independently of fulfillment of, with respect to this information, any formalities (registration, receipt of certificates, etc.) and operates until the above-stated conditions are kept.

Rules on protection of undisclosed information are not applied to data which, according to the legislation, cannot constitute a service or trade secret (information on legal entities, rights to property and transactions with it which are liable to State registration, data that is to be submitted as State statistical reporting, etc.).

The person who, without legal basis, has received or disclosed a secret information or used it, must compensate, to the one who lawfully possesses this information, the losses caused by its illegal use.

If the person illegally using an undisclosed information, has received it from the one who had no right to spread it, about what the purchaser of the information did not know and should not know (a bona fide purchaser), the lawful owner of undisclosed information has the right to claim from him damages caused by use of undisclosed information after the bona fide purchaser has learned that its use is illegal.

The person legally possessing undisclosed information has the right to demand from the one who illegally uses it, to immediately stop its use. A court of justice, however, taking into account the means spent by the bona fide purchaser of secret information to use it, can allow its further use on conditions of an onerous exclusive license.

The person who independently and legally has got data constituting substance of undisclosed information, has the right to use this data irrespective of the rights of the owner of the corresponding undisclosed information and does not responsible before the owner for such use.

The person possessing an undisclosed information, can transfer all or a part of the data constituting substance of this information, to another one under a license agreement. In this case a licensee is obliged to take appropriate measures to protect the undisclosed information received under the agreement, and has the same rights to its protection against illegal use by the third parties as the licensor has. Since an agreement does not provide for other, a duty to keep confidentiality of the information is still imposed upon the licensee also after the termination of the license agreement if the corresponding data continue to be an undisclosed information.