The Law of the Kyrgyz Republic On Commercial Secrets (hereinafter referred to as "the Law") stipulates that unauthorized disclosure of a commercial secret shall be recognized as intentional actions:
- committed by employees of an economic entity in possession of the data constituting a commercial secret, or
- committed by other natural persons or legal entities who have access to commercial information, or
- those, who illegally acquired information, constituting a commercial secret,
that have entailed premature disclosure, uncontrolled use and distribution, which have resulted in the encroachment upon the rights of the economic entity.
Therefore, according to the Law illegal acquisition by the third party of the commercial information, unknown to him/her earlier, with regard to which the owner has undertaken the appropriate measures of protection, shall constitute infringement of the right to commercial secret. Breach of the legislation on commercial secrets shall entail civil, administrative and criminal liability.
Methods of enforcement of civil rights are general procedure of enforcement of violated rights to commercial secret. The given procedure is enforced within the framework of general, i.e. judicial (tort) procedure. Civil rights are enforced by means of recognition of the right to a commercial secret, by claim to restore the circumstances which existed before the right was violated, and by cessation of actions which violate the right or create the threat of its violation, by claim to indemnify losses, and by means of other methods stipulated by Article 11 of the Civil Code of the Kyrgyz Republic.
Administrative liability for disclosure of a commercial secret is provided in Article 314 of the Code on Administrative Liability of the Kyrgyz Republic. Sanction in the form of a fine shall be imposed for this administrative infringement.
Articles 193 and 194 of the Criminal Code of the Kyrgyz Republic stipulate for two corpora delicti related to illegal acquisition and unauthorized disclosure of the information, constituting a commercial secret.
The following acts are subject to criminal punishment:
- collection of data, composing a commercial secret by theft of documents, bribery and threats to the persons, owing commercial secrets or their relatives, interception of information in communication means, illegal entering the computer system or network, illegal use of special means as well as by other illegal way with the purpose of disclosure or use of these data (Article 193 Criminal Code);
- illegal disclosure or use of commercial secrets without consent of their owner by the person, who knows the secret due to the professional or service-related activity, causing significant damage (Article 194 Criminal Code).
