On commercial secret (statements of the Mejlis of Turkmenistan, 2000., no. 3-4, art. 39) (with amendments the laws of Turkmenistan from 26.03.2011 No. 183-IV and 31.03.2012. No. 297-IV) this law determines the legal bases for the provision, use, distribution, storage and protection of trade secrets.
 
Chapter i. General provisions article 1. The concept of trade secrets, commercial secret is information which is not a State secret, related to economic, financial, industrial, technological and other activities of the enterprise, organization, institution, or individual entrepreneur, disclosure (transfer, leak) which can impair their activities and interests.
 
Article 2. The legislation of Turkmenistan on commercial secrecy 1. The legislation of Turkmenistan on commercial secret is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. legal protection of commercial secrets of foreign legal entities, their branches and representative offices, as well as citizens of foreign States and stateless persons carrying out activities in the territory of Turkmenistan, is provided in the csootvetstvii with the legislation of Turkmenistan.
 
Article 3. The scope of this law 1. This Act applies to the citizens of Turkmenistan. citizens of foreign States and stateless persons, legal entities, branches, representative offices of legal entities located on the territory of Turkmenistan, in possession, use and disposal, which is information that constitutes trade secrets (hereinafter referred to as the copyright holders).
2. This law shall apply also to the persons to whom such information has become known in the prescribed manner.
 
Article 4. Requirements for commercially sensitive information.
 
Information constituting a commercial secret, must meet the following requirements: have real or potential value to its holders by virtue of its being unknown to a third party (parties);
not be generally known or publicly available in accordance with the legislation of Turkmenistan;
be provided by the relevant measures for the protection of its confidentiality, including the development of internal rules, the imposition of restrictions on the use of appropriate marking of documents and other media, accounting, storage and application.
 
Article 5. 1 disclosure of commercial secrets. Under the disclosure of trade secrets refers to the deliberate actions of the person (s) who has access to the information constituting a commercial secret, resulting in the premature opening of or unsupervised use or dissemination of such information, and as a result suffered or could be damaging to the interests of the company, organization, institution, or individual entrepreneur.
2. Not considered disclosure of trade secrets or message providing information, trade secret, third person (s) in the cases provided for by the legislation of Turkmenistan, as well as the individual (s) providing the right holder legal, accounting or other advice or representation, or performing some work for him on the assumption that it is necessary to provide the service or perform the works.
 
Chapter II. The legal regime of commercial secrets Article 6. The basis of the right to information, which is commercial secret 1. Mandates the establishment of the right to information, which is commercial secret, are: creation of information on their own and (or) at his own expense;
agreement on creation of information;
a contract containing the terms of transfer of property rights on the information to another person (s).
2. Information that constitutes trade secrets, is the property of a natural or legal person; If she created it, purchased lawfully acquired by inheritance or gift.
Information constituting commercial secret may be in the possession, use, disposal of another person (s) within the limits set by the legislation of Turkmenistan or contract.
3. Information constituting a commercial secret may be subject to various instruments: investment, sale, on the transfer of scientific and technological products, services, production sharing contracts and other agreements.
 
Article 7. Information constituting commercial secret 1. The information constituting a commercial secret may include: information about the technological, operational, organizational and marketing, smart, advertising and other features of company, organization, institution, or individual entrepreneur;
the data are the subject of professional, business, manufacturing, banking, and other interest of enterprises, organizations, institutions or individual entrepreneur;
information about the structure of the production management;
information about sources of funding;
information about deals, applicable prices;
information about potential buyers and suppliers;
not patented scientific and technical developments of the enterprise, organization, institution, or individual entrepreneur;
databases and computer programs created by employees of the enterprises, organizations, institutions or individual entrepreneur;
content of registers of accounting and internal accounting controls;

other information related to trade secret, in accordance with this law and other normative legal acts of Turkmenistan.
2. Information about clients and correspondents of the credit institution, their bank accounts and operations on them, deposits, attracted and placed money remittances of individuals, carried out through credit institutions without opening an account, money and other values of the client deposited in a credit institution that are bank secrecy in accordance with the Turkmenistan law "on credit institutions and banking activities, refer to the information constituting commercial secret.
3. Content and scope of information deemed a trade secret, determined by its copyright holder.
Depending on the degree of importance of the information constituting a commercial secret, can be vultures "confidential", "confidential", "confidential", "only for the addressee and others.
4. Information constituting a commercial secret may be on paper and magnetic media, in the form of audio, video, movies, films.
5. during the privatization of State-owned enterprises to trade secrets do not qualify for the following information: about the size of the property of the company and its funds;
about investing in profitable assets (securities) other statutory funds of enterprises, interest-bearing bonds and loans;
about credit, trade and other liabilities of the company;
on contracts with non-State enterprises, creative and temporary labor collectives, as well as individual citizens.
 


Article 8. Information not relating to trade secrets

 
Information that may not be trade secrets include: constituent documents (decision on incorporation of the enterprise or the Treaty founders, Charter);
documents granting the right to engage in entrepreneurial (commercial) activities, including types, subject to licensing (registration certificates, licenses, patents);
information about installed forms of statistical reporting, and reporting of financial and economic activity and other data necessary to verify the correctness of the calculation and payment of taxes and other obligatory payments to the State budget of Turkmenistan;
information on the number, composed of employees, their wages and working conditions, as well as the availability of jobs;
information about environmental pollution Wednesday, antitrust, non-compliance with the safety rules, sales of products harmful to the health of the population, as well as other violations of legislation of Turkmenistan and the dimensions caused by prejudice.
 
Article 9. Access to commercially sensitive information 1. Access to commercially sensitive information shall be carried out in accordance with the regulations approved by the Manager of the company, organization, institution, or individual entrepreneur.
2. a list of persons and the manner in which they access information, trade secret, right to be governed by a contract between the holder and the user of such information.
 
Article 10. Terms of access to commercially sensitive information 1. Admission of workers in enterprises, organizations and institutions to the information constituting commercial secret is ceased in case of: termination with nimitrudovogo agreement (contract) or dismissal;
a single violation of their commitments under non-disclosure of business secrets;
the occurrence of circumstances which constitute grounds for restricting access to the information constituting a commercial secret.
2. termination of access to the information constituting a trade secret does not relieve workers of the enterprises, organizations, institutions from their obligations under the non-disclosure of business secrets.
3. admission of persons with whom the contract on the use of information constituting commercial secret may be terminated in the case of a single violation of their commitments under non-disclosure of business secrets, as well as in case of other circumstances provided for in the Treaty, are grounds for termination.
 
Article 11. The provision of commercially sensitive information 1. Under the provision of trade secrets, refers to the transfer of this information by the right holder to another person only in the cases and on the grounds established by the legislation of Turkmenistan.
2. the officials and employees of State authorities and the management in carrying out monitoring, supervisory and other functions are entitled within the limits of their competence, as defined by law, to receive information, which is commercial secret. The use of organs of State power and management of such information shall in the manner prescribed by the legislation of Turkmenistan, order and is not subject to disclosure.
3. the transmission of information, trade secret, a person (persons), does not have access to it, can be carried out to address either with the consent of the head of the company, organization, institution, or individual entrepreneur gratis or for a fee. The person (s), which transferred to the information constituting a commercial secret, can use it without the right of disclosure to a third party (parties), unless otherwise stipulated in the contract.

4. the information component of the trade secret is available to the courts, as well as the bodies and persons carrying out an initial inquiry or pre-trial investigation in the manner prescribed by the legislation of Turkmenistan.
5. enterprises, organizations, institutions and individual entrepreneurs shall, upon request of the insurance organizations to report information related to the insured event that constitutes a trade secret.
 
Article 12. The basic requirements for the persons with access to commercially sensitive information 1. Officials and employees of the enterprises, organizations, institutions, individuals, formerly their managers or employees, as well as individuals and organizations providing services to them had previously (work), not be entitled to disclose trade secrets entrusted to them, or became famous in connection with their work, as well as use it for personal benefit or for the benefit of a third person (s) directly or indirectly provide that opportunity to a third party (parties) by allowing not obstruction or allowing the use of such information as a result of the breach of the order.
2. the provisions of part 1 of this article also apply to individual entrepreneurs and persons who have signed with him an employment or other contracts (contracts).
 
Chapter III. Protection of trade secrets Article 13. The main goal of protecting commercially sensitive information, the main objectives of the protection of trade secrets are: ensuring the rights of natural and legal persons on the use of information, trade secret, and its preservation in accordance with the legislation of Turkmenistan;
Prevention of diversion, theft, loss, corruption, falsification of this information;
Prevention of unauthorized actions to destroy, modify, distort, copying, blocking information, trade secret and other illegal actions.
 
Article 14. Ensuring the protection of the commercial confidentiality 1. Enterprises, organizations, institutions, individual entrepreneurs are required to take appropriate technical and organisational measures necessary to ensure the preservation of trade secrets.
2. in order to ensure the protection of business secret in enterprises, organizations and institutions can be created respective services, functions and powers of which are reflected in the regulations, instructions or orders.
3. The State assists in creating the necessary conditions to ensure the protection and preservation of trade secrets.
4. Law enforcement, Government communications and information have a right to assist on a contractual basis to companies, organizations, and agencies in the development and implementation of measures for the protection of trade secrets through technical means, if not inconsistent with the objectives and principles of their activities.
 
Article 15. The procedure for the protection of commercially sensitive information 1. The procedure for the protection of commercially sensitive information in accordance with this law, is determined by its copyright holder for instructions on protection of commercial secrets.
2. The directive on protection of commercial secrets should contain: the composition and volume of information constituting commercial secret;
the order of assignment and withdrawing the fretboard of trade secrets;
the conditions for the admission of the person (s) to the information constituting a commercial secret;
How to use, accounting, storage and labelling of documents and other media products, which constitute trade secrets;
the form of accounting for those receiving the information, which is commercial secret;
the form of monitoring the correct use of trade secrets;
the procedure for adoption of the mutual obligations of the parties upon conclusion of the conservation agreements (contracts) on the conduct of any joint action.
 
Article 16. Protection of trade secrets in implementing treaty relations In the implementation of the enterprises, organizations, institutions, individual entrepreneurs trade and economic, scientific-technical, financial and other relationships, including those with foreign partners, Contracting Parties may specifically stipulate the nature, composition of trade secrets, as well as a mutual commitment to ensure its preservation in accordance with the legislation of Turkmenistan.
 
Chapter IV. Final provisions Article 17. Responsibility for violation of privacy laws, officials, employees of enterprises, organizations, institutions, other physical and legal persons who violate this Act or a prescribed holder how to use, dissemination, storage and protection of trade secrets shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 18. International treaties unless the international treaties to which Turkmenistan is a party establishes rules than those contained in this Act, the provisions of international treaties.
 
 President Saparmurat Turkmenbashi the great of Turkmenistan Ashgabat December 19, 2000 No. 53-II