Trade Secrets Law in Georgia
Here’s an overview of Trade Secrets Law in Georgia (country):
Trade Secrets Law in Georgia
1. Legal Framework
Georgia provides protection for trade secrets primarily through:
The Law of Georgia on Trade Secrets (2000, amended multiple times),
The Civil Code of Georgia (Chapter on obligations and contracts),
The Labour Code (for employee confidentiality),
Georgia is a member of the World Trade Organization (WTO) and adheres to the TRIPS Agreement.
2. Definition of Trade Secrets
Under Georgian law, a trade secret is defined as:
Any information (technical, organizational, financial, or commercial) that:
Is not publicly known,
Has actual or potential commercial value,
Is subject to reasonable measures to maintain its confidentiality.
Examples include:
Manufacturing techniques,
Business strategies,
Software source code,
Customer lists.
3. Legal Protection Mechanisms
Trade secrets are protected through:
Civil liability for unlawful acquisition, use, or disclosure,
Contractual obligations via non-disclosure agreements (NDAs) and employment contracts,
Labor law mandates that employees must not disclose employer secrets even after termination (usually for a defined period),
Unfair competition law, applicable if a competitor unlawfully obtains or uses a secret.
4. Enforcement and Remedies
Victims of trade secret misappropriation in Georgia can seek:
Civil remedies:
Injunctions,
Compensation for damages,
Orders to prevent further use or disclosure,
Administrative or criminal sanctions in serious cases (e.g., if theft of information occurs),
Courts may order confidentiality measures during proceedings to prevent further disclosure.
5. International Obligations
Georgia aligns its IP laws with the TRIPS Agreement,
It is a member of WIPO and has bilateral trade agreements that often include IP clauses,
It also participates in EU-Georgia Association Agreement, further aligning its IP laws with European standards.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Law on Trade Secrets, Civil Code, Labour Code |
| Definition | Confidential info with commercial value |
| Protection Mechanisms | NDAs, contracts, civil and criminal enforcement |
| Remedies | Injunctions, damages, confidentiality during trials |
| International Context | TRIPS, WIPO, EU Association Agreement |
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