Protection of undisclosed information is provided for in the draft Law on the Protection of Trade Secrets. The draft Law implements the provisions of Article 39 of the TRIPS Agreement.
Article 1 of the draft Law implements the provisions of Article 39.2 of the TRIPS Agreement. Article 4 of the draft Law provides for what in particular is considered "a manner contrary to honest commercial practices" referred to in Article 1 of the draft Law. Article 4 provides the following with respect to what in particular is considered "a manner contrary to honest commercial practices":
a) Disclosure of secret information acquired by a party to a "confidential" agreement.
b) Disclosure, or inducement to disclose, secret information in breach of a duty of trust.
c) Misappropriation of information by unlawful means including fraud, espionage, theft or other improper means.
d) Acquiring trade secrets from another person while knowing – or being capable of knowing – that such other person has acquired the trade secrets by committing one of the acts specified in the above items.
Article 6 of the draft Law provides for provisional measures to be ordered by the court to restrain or to cease infringements. Article 7 provides for criminal sanctions against unlawful disclosure of trade secrets.
