Trade Secrets
Legal Basis
There is no specific law that regulates trade secrets. The Civil Code of the Republic of Kazakhstan, however, gives protection to trade secrets.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– WTO's TRIPS Agreement, since November 30, 2015.
Protection
Definition: there is no exhaustive definition of the term "trade secret" in Kazakhstan. However, according to the Civil Code of the Republic of Kazakhstan, a trade secret is valuable information that includes production secrets ("know-how"), production technology, management model, and methods to increase profits. The information must also meet the following requirements: (1) must have actual or potential commercial value because it is not known to third parties; (2) it is not legally accessible; and (3) its owner must take measures to keep it confidential.
Criteria for enforcement: a trade secret is protected as long as measures are taken to preserve the commercial value of the information and to protect it against unauthorized access by third parties.
Assignment - licensing: possible.
Remedies for misappropriation: damages and injunctive relief, a fine.