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The Law of the Republic of Belarus “On Commercial Secret” is to come into effect in July, 2013

The Law of the Republic of Belarus “On Commercial Secret” is to come into effect in July, 2013

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The Law of the Republic of Belarus “On Commercial Secret” is to come into effect in July, 2013

The Law of the Republic of Belarus “On Commercial Secret” (with the exception of the Clauses 23 and 24) is to come into effect in July, 2013. The normative legal act of January 5, 2013 has been prepared on the basis of the conception elaborated by the National Center of Legislation and Law Researches of the Republic of Belarus in cooperation with the interested State governing bodies and organizations. The representatives of the State Committee on Science and Technology, the National Center of Intellectual Property, the Ministry of Economy, the Ministry of Justice and other State governing bodies participated in the elaboration of the Law.

In accordance with the Clause 2 of the Law the subject of its regulation is the relations arising in connection with installation, alteration and abolition of the regime of a commercial secret and with the legal protection of a commercial secret. In accordance with the Paragraph 4 of the Law, a commercial secret is any sort of information (technical, production, organizational, commercial, financial, etc.) and the production secrets (know-how) corresponding to the requirements of the Law in respect of which the regime of a commercial secret is  installed. The normative legal act determines the terms of origin, alteration and termination of a commercial secret, the requirements to the information the regime of a commercial secret may be installed for; fixes the approximate list of information which cannot be a commercial secret. The Law stipulates the measures for installation of the regime of a commercial secret, the rights and the obligations of the commercial secret owner, regulates the access order to it and establishes the peculiarities of its protection in the field of relations with contractors and employees.

It stands to mention that the normative legal act introduces considerable amendments in the provisions of the Civil Code of the Republic of Belarus: the unexposed information is stricken off from the list of objects of intellectual property law; the production secrets (know-how) are included in the list but at the same time the force of the exclusive rights doesn’t apply to them.