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Commercial secret in Russia

The commercial secret condition is usually introduced at an enterprise in respect of an intellectual property object characterized as know-how and not protected by patent. This method provides legal protection of secret technological or organizational information.

Law-makers characterize information being a commercial secret as follows:

  • information has a certain commercial value, either existing or potential;
  • information should not be readily accessible for unauthorized persons, except for those indicated in a short list;
  • company should declare the condition of commercial secret in respect of such information.

Condition of commercial secret means:

  • restrictions on free access to secret information;
  • a special procedure of accessing, handling and using certain information, as applicable to employees of a legal entity;
  • strict registration of persons who are allowed to work with such information;
  • compulsory marking of all physical media with the "commercial secret" stamp;

It is to be noted that after the state registration of a patent for an intellectual property object being the subject of the commercial secret the secret information will be disclosed to the general public. Therefore, the right holder should make a choice: either to obtain the legal protection for an object through patenting, or keep a product or innovative solution under the condition of commercial secret.

Legal follow-up of the condition of commercial secret

Specialists of our Bureau can assist you in correctly establishing the condition of commercial secret in respect of certain information, make a set of organizational arrangements in order to preclude information leaks, and ensure protection in a case of violation of the condition of commercial secret by third parties.