Law of the Republic of Uzbekistan on Trade Secrets

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[ OKOS: 1. 03.00.00.00 Civil Legislation / 03.14.00.00 Intellectual Property / 03.14.06.00 Protection against illegal use of undisclosed information; 2. 09.00.00.00 Entrepreneurship and Economic Activity / 09.01.00.00 Legislation on Entrepreneurship / 09.01.01.00 General Issues] [ TSZ: 1. Civil Legislation. Entrepreneurship / General Issues]

Law of the Republic of Uzbekistan

On Trade Secrets

Adopted by the Legislative Chamber on June 18, 2014 Approved by the Senate on August 28, 2014

Article 1. Purpose of this Law [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The purpose of this Law is to protect trade secrets and regulate relations in the field of their use. See previous edition.

Article 2. Legislation on Trade Secrets [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

Legislation on trade secrets consists of this Law and other legislative acts. [ OKOS: 1. 19.00.00.00 International Relations. International Law / 19.06.00.00 International Treaty Law / 19.06.03.00 Enforcement and Interpretation of Treaties]

If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for in the legislation on trade secrets of the Republic of Uzbekistan, the rules of the international treaty shall apply. ( Article 2 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

Article 3. Basic Concepts [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The following basic concepts are used in this Law: [ SPiT: 1. Secret / Trade Secret]

trade secret — information of scientific and technical, technological, production, financial-economic and other fields that has commercial value because it is unknown to third parties, is not freely available on a lawful basis, and for which the owner of such information takes measures to protect its confidentiality;

Also see: Article 98 of the Civil Code of the Republic of Uzbekistan.

confidentiality of a trade secret — the state in which the risk of dissemination, disclosure, and unauthorized use of a trade secret is ensured;

owner of a trade secret — a legal or natural person who exercises ownership, use, and disposal of a trade secret and has established a trade secret regime with respect to it;

confidential — a legal or natural person who has acquired the right to own and use a trade secret on the basis of a contract concluded with its owner;

disclosure of a trade secret — any action or inaction that leads to the information constituting the trade secret becoming known to third parties in any possible form (oral, written, other forms, including using technical means) without the consent of the owner of such information or the confidential person, or in violation of an employment contract (contract) or civil-law contract;

trade secret regime — a system of legal, organizational, technical and other measures restricting the use of a trade secret.

Article 4. Requirements for Trade Secrets [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

A trade secret must meet the following requirements:

it must have actual or potential commercial value for its owner because it is unknown to third parties; See previous edition.

it must not be known to everyone or open to everyone in accordance with legislation; ( The first paragraph of Article 4 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

its confidentiality must be ensured by protective measures;

See: Article 10 of this Law.

it must not have the characteristics of state secrets and other secrets protected by law.

In particular, see: Article 4 of the Law of the Republic of Uzbekistan "On State Secrets", Articles 786 and 933 of the Civil Code of the Republic of Uzbekistan, Article 3 of the Law of the Republic of Uzbekistan "On Bank Secrecy", Article 62 of the Law of the Republic of Uzbekistan "On Insurance Activity".

The content and volume of a trade secret are determined by its owner.

Article 5. Information That Cannot Constitute a Trade Secret [ OKOS: 1. 02.00.00.00 Fundamentals of State Administration / 02.08.00.00 General Issues of State Administration in the Field of Economy, Social and Cultural Construction / 02.08.07.00 Accounting. Reporting. Statistics (also see 07.29.00.00); 2. 03.00.00.00 Civil Legislation / 03.05.00.00 Transactions; 3. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The following information cannot constitute a trade secret:

information on rights to property subject to state registration and transactions on such rights;

information contained in the constituent documents of a legal entity, in documents confirming the fact of entry of records about legal entities, individual entrepreneurs, and peasant (farmer) farms not forming a legal entity into the relevant state registers;

information contained in documents granting the right to carry out entrepreneurial activity; See previous edition.

information on the composition of the property of a state institution and on the use of relevant budget funds by them; (The fifth paragraph of the first part of Article 5 in the edition of the Law of the Republic of Uzbekistan No. URQ-1025 dated February 7, 2025 — , 07.02.2025, No. 03/25/1025/0116. Entry into force date — May 8, 2025)

information on the state of environmental pollution, fire safety, sanitary-epidemiological and radiation situation, safety of food products, and safe operation of production facilities, as well as other factors negatively affecting the safety of each citizen and the entire population;

information on the number and composition of employees, the wage system and working conditions, including labor protection, injury rates at work, occupational disease indicators, as well as the availability of vacant positions;

information on employers' indebtedness on wages and social payments; See previous edition.

information on violations of legislation and facts of bringing to responsibility for committing such violations; ( The ninth paragraph of the first part of Article 5 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375) See previous edition.

information on the terms of privatization of state property; (The tenth paragraph of the first part of Article 5 in the edition of the Law of the Republic of Uzbekistan No. URQ-1122 dated March 17, 2026 — , 17.03.2026, No. 03/26/1122/0250)

information on the amounts and structure of revenues of non-profit organizations, the amount and composition of their property, their expenses, the number of employees (members) of these organizations and payment for their labor, and the use of free labor of citizens in the activities of non-profit organizations;

information on the list of persons authorized to conduct business on behalf of a legal entity without a power of attorney;

information that must be submitted as state statistical reports.

Also, see: Part 3 of Article 1095 of the Civil Code of the Republic of Uzbekistan. [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.04.00 Open and Publicly Available Information. State Information Resources]

Information whose disclosure is mandatory or whose use is prohibited by another law cannot constitute a trade secret.

For example, see: Article 6 of the Law of the Republic of Uzbekistan "On Principles and Guarantees of Freedom of Information", Article 7 of the Law of the Republic of Uzbekistan "On Guarantees and Freedom of Receiving Information", Part 2 of Article 18 of the Law of the Republic of Uzbekistan "On Combating the Legalization of Income Obtained from Criminal Activity and Financing of Terrorism", Chapter 6 of the Law of the Republic of Uzbekistan "On the Securities Market" ("Disclosure of Information in the Securities Market").

Article 6. Rights of the Owner of a Trade Secret [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The rights of the owner of a trade secret arise from the moment the owner establishes a trade secret regime with respect to the information.

The owner of a trade secret has the following rights:

to establish, change, and cancel the trade secret regime in writing;

to establish the procedure and conditions for using the trade secret;

to grant or prohibit permission to use the trade secret in the process of labor relations;

See: Article 11 of this Law.

to use the trade secret for its own needs;

to introduce the trade secret into civil turnover on the basis of contracts providing for the inclusion of conditions on protecting its confidentiality;

to demand protection of its confidentiality from persons who obtained the trade secret as a result of accidental and (or) erroneous actions;

to protect its rights in the manner prescribed by law in cases where the trade secret has been disclosed by third parties, obtained illegally, or used illegally, including demanding compensation for damages caused by the violation of its rights.

See: Part 2 of Section II of the Civil Procedure Code of the Republic of Uzbekistan ("Conducting a Civil Case"), Article 1096 of the Civil Code of the Republic of Uzbekistan. See previous edition.

The owner of a trade secret may also have other rights in accordance with legislation. ( Part 3 of Article 6 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

Article 7. Term of Protection of a Trade Secret [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

Protection of a trade secret is carried out by its owner and (or) confidential person until the moment the confidentiality of the trade secret is lost.

Also see: Part 4 of Article 1095 of the Civil Code of the Republic of Uzbekistan.

Article 8. Establishing a Trade Secret Regime [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The trade secret regime is established by the owner of the trade secret. The establishment of a trade secret regime may also be imposed on the confidential person on the basis of a contract.

The owner of the trade secret independently determines the placement and removal of the "trade secret" stamp, the conditions for obtaining, using, and disclosing the trade secret, methods of protection, and means of transferring the trade secret.

The trade secret regime is considered established after the owner of the trade secret or the confidential person has taken the measures provided for in Article 10 of this Law.

The trade secret regime cannot be used for purposes contrary to the requirements of protecting the foundations of the constitutional system of the country, state defense and security, morality, health of citizens, and the rights and legitimate interests of other persons.

Including confidentiality rules in civil-law contracts is a necessary condition for establishing a trade secret regime.

For additional information, see: Model Regulation "On Compliance with the Trade Secret Regime for Enterprises and Organizations Whose Employees Use Trade Secrets" (registry number 2818, July 28, 2016).

Article 9. Changing or Cancelling a Trade Secret Regime [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The owner of the trade secret and the confidential person have the right to change or cancel the trade secret regime without violating the obligations accepted in the contracts they concluded. When the trade secret regime is changed or cancelled, the owner of the trade secret must notify the confidential person in writing within the period specified in the contract.

Article 10. Measures to Protect a Trade Secret [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

Measures to protect a trade secret must include:

determining the list and volume of information constituting the trade secret;

establishing the procedure for dealing with the trade secret and establishing control over compliance with such procedure;

accounting for persons who have obtained permission to use the trade secret;

placing the "trade secret" stamp on material carriers reflecting the trade secret or on the requisites of documents containing the trade secret, indicating its owner. See previous edition.

[ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The owner of the trade secret and the confidential person have the right to apply other measures not contrary to legislation to protect the trade secret. ( Part 2 of Article 10 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

Organizing measures to protect the trade secret and controlling their implementation are imposed on the owner of the trade secret and (or) the confidential person.

For additional information, see: Model Regulation "On Compliance with the Trade Secret Regime for Enterprises and Organizations Whose Employees Use Trade Secrets" (registry number 2818, July 28, 2016), Paragraph 12 of Resolution No. 04 of the Plenum of the Supreme Court of the Republic of Uzbekistan dated February 21, 2020 "On Ensuring the Openness of Court Hearings and the Right to Obtain Information Related to the Activities of Courts".

Article 11. Protection of Trade Secrets in the Process of Labor Relations [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

To ensure the protection of trade secrets, the employer (owner of the trade secret, confidential person):

must familiarize the employee who needs to use the trade secret to perform his labor duties with the list of information constituting the trade secret, with a signature;

must familiarize the employee with the trade secret regime established by the employer and measures of responsibility for violating it, with a signature;

must create the necessary conditions for the employee to comply with the trade secret regime established by the employer. [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The use of a trade secret by an employee, if it is not provided for in his labor duties, is carried out with his consent. [ OKOS: 1. 05.00.00.00 Legislation on Labor and Employment of the Population / 05.02.00.00 Labor / 05.02.22.00 Termination of Employment Contract (Contract) / 05.02.22.03 Procedure for Terminating Employment Contract (Contract)]

To ensure the protection of trade secrets, the employee:

must comply with the trade secret regime established by the employer;

must not disclose the trade secret without the consent of the employer and must not use it for personal purposes;

must return to the employer the material carriers reflecting the trade secret that were in his possession, or destroy or delete them under the control of the employer, upon termination of the employment contract (contract).

To ensure the protection of trade secrets, the employment contract (contract) or civil-law contract must provide for:

the obligations of the employee and the employer, who is the owner of the trade secret or confidential person, to ensure the protection of the trade secret;

the period during which the former employee must not disclose the trade secret after the termination of the employment contract (contract) or civil-law contract. [ OKOS: 1. 17.00.00.00 Fair Trial / 17.05.00.00 Civil Procedural Legislation / 17.05.06.00 Appeal and Review of Court Decisions]

The employee has the right to complain in court against the establishment of a trade secret regime with respect to the trade secret he was permitted to use in connection with the performance of duties provided for in the employment contract (contract) or civil-law contract, if it is illegal.

See: Part 2 of Section II of the Civil Procedure Code of the Republic of Uzbekistan ("Conducting a Civil Case").

Article 12. Grounds for Cessation of Use of Trade Secrets in the Process of Labor Relations [ OKOS: 1. 03.00.00.00 Civil Legislation / 03.10.00.00 Law of Obligations / 03.10.05.00 Contract. Conclusion, Modification and Termination of Contracts; 2. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The following are grounds for cessation of use of trade secrets in the process of labor relations:

termination of the employment contract (contract) or civil-law contract;

violation of obligations undertaken not to disclose the trade secret. See previous edition.

Other circumstances in accordance with legislation or the contract may also be grounds for cessation of use of trade secrets in the process of labor relations. ( Part 2 of Article 12 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

Cessation of use of trade secrets in the process of labor relations does not release the employee from the obligations he has undertaken not to disclose the trade secret.

Article 13. Protection of Trade Secrets in Mutual Relations of Economic Entities [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

When economic entities carry out trade-economic, scientific-technical, currency-financial and other relations, the agreeing parties agree separately on the description and list of information constituting the trade secret, as well as on mutual obligations to ensure its protection.

Article 14. Protection of Trade Secrets When Transferred by the Owner to a Confidential Person [ OKOS: 1. 03.00.00.00 Civil Legislation / 03.10.00.00 Law of Obligations / 03.10.05.00 Contract. Conclusion, Modification and Termination of Contracts; 2. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

The owner of the trade secret must not disclose the trade secret transferred by him to the confidential person in accordance with the contract. [ OKOS: 1. 03.00.00.00 Civil Legislation / 03.10.00.00 Law of Obligations / 03.10.05.00 Contract. Conclusion, Modification and Termination of Contracts]

The confidential person must preserve the confidentiality of the trade secret obtained by him under the contract.

Article 15. Submission of Trade Secrets See previous edition.

[ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

If obtaining a trade secret falls within the competence of a state body in accordance with legislation, the submission of the trade secret is carried out free of charge by the owner of the trade secret or the confidential person in response to the justified request of this state body. ( Part 1 of Article 15 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

The justified request for submission of the trade secret, unless otherwise provided by law, must be signed by an authorized official of the state body, indicating the purpose and legal basis for obtaining the trade secret, and the deadline for its submission.

If the submission of the trade secret is refused by the owner of the trade secret or the confidential person, the state body has the right to demand it in court.

See: Part 2 of Section II of the Civil Procedure Code of the Republic of Uzbekistan ("Conducting a Civil Case").

Article 16. Ensuring Confidentiality When Submitting a Trade Secret [ OKOS: 1. 12.00.00.00 Information and Information Technology / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.05.00 Information with Restricted Use / 12.03.05.02 Service and Trade Secrets]

State bodies must create conditions ensuring the confidentiality of the trade secret submitted to them by the owner of the trade secret or the confidential person. See previous edition.

Employees of state bodies do not have the right to disclose the trade secret that became known to them in connection with the performance of their official duties or to transfer it to other persons, including state bodies, except in cases provided for by law, as well as to use it for malicious or other personal purposes. ( Part 2 of Article 16 in the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021, No. 03/21/683/0375)

Article 17. Limits of Familiarization with Trade Secrets in Court

During court hearings, familiarization of the court and persons participating in the case with the trade secret is permitted only for the part directly related to the subject matter of the dispute in which the owner of the trade secret or the confidential person is participating as a plaintiff or defendant.

Unrestricted use of the trade secret by the court is permitted only in the following cases:

in disputes between the owner of the trade secret or the confidential person and state bodies; See previous edition.

when a case is initiated regarding the insolvency of the owner of the trade secret, when the owner of the trade secret is liquidated, or when his activities are terminated; (The third paragraph of Part 2 of Article 17 in the edition of the Law of the Republic of Uzbekistan No. URQ-911 dated February 21, 2024 — , 22.02.2024, No. 03/24/911/0142)

In disputes regarding inheritance rights when the trade secret is an object of inheritance;

In disputes regarding the division of joint property between spouses or one of them when one of them is the owner of the trade secret;

In disputes between the owner of the trade secret and the confidant;

In disputes between the founders of the owner of the trade secret and (or) the confidant.

Article 18. Resolution of Disputes See previous version.

[OKOZ: 1. 17.00.00.00 Fair Justice / 17.05.00.00 Civil Procedural Legislation / 17.05.03.00 Claim Case]

Disputes in the field of protection and use of trade secrets are resolved in the manner established by legislation. ( Text of Article 18

In the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021 y., 03/21/683/0375-no)

See: Part II, Subpart 2 of the Civil Procedure Code of the Republic of Uzbekistan ("Conducting a Claim Case"). See previous version.

Article 19. Liability for Violation of Legislation on Trade Secrets [OKOZ: 1. 16.00.00.00 Security and Law Enforcement / 16.09.00.00 Administrative Liability / 16.09.13.00 Administrative Liability for Violations in the Field of Trade, Entrepreneurship and Finance]

Persons guilty of violating legislation on trade secrets are held liable in the established manner. ( Article 19

In the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021 y., 03/21/683/0375-no)

See: Article 46 of the Code of Administrative Offenses of the Republic of Uzbekistan, Article 191 of the Criminal Code of the Republic of Uzbekistan.

See previous version.

Article 20. Alignment of Legislation with this Law ( Title of Article 20

In the edition of the Law of the Republic of Uzbekistan No. URQ-683 dated April 21, 2021 — , 21.04.2021 y., 03/21/683/0375-no) [OKOZ: 1. 02.00.00.00 Fundamentals of State Administration / 02.01.00.00 Cabinet of Ministers of the Republic of Uzbekistan (also see 01.11.00.00) / 02.01.02.00 Powers of the Cabinet of Ministers]

The Cabinet of Ministers of the Republic of Uzbekistan:

aligns government decrees with this Law;

ensures the review and repeal by state administration bodies of their normative legal acts that contradict this Law.

Article 21. Entry into Force of this Law [OKOZ: 1. 01.00.00.00 Constitutional Order / 01.14.00.00 Activity of State Bodies in Lawmaking / 01.14.05.00 Publication and Entry into Force of Normative Legal Acts]

This Law enters into force from the date of its official publication.

This Law was published in the newspaper "Xalq So'zi" No. 177 (6107) dated September 12, 2014.

President of the Republic of Uzbekistan I. KARIMOV

Tashkent city,

September 11, 2014,

No. URQ-374 (Collection of Legislative Acts of the Republic of Uzbekistan, 2014, No. 37, Article 466; , 21.04.2021 y., 03/21/683/0375-no; 22.02.2024 y., 03/24/911/0142-no; 07.02.2025 y., 03/25/1025/0116-no; 17.03.2026 y., 03/26/1122/0250-no)