The Duty of Confidence in The Law of Trade Secrets of Uzbekistan
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May 20, 2022 02:00 PM London
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The seminar examines the emergence of the duty of confidence in the law of trade secrets in the Uzbek civil legal system. The 2014 Law of the Trade Secrets and the 1997 Civil Code of Uzbekistan feature a primary reliance on the unavailability of confidential information to a third party, based on the actions of the owner as a prerequisite to protection. Civil law in Uzbekistan adopts an owner-centric approach that aligns with the owner-centred approach (i.e. giving priority to the owner’s rights over third party interests) taken in civil law generally. This stands in contrast with the context-based approach in common law. As a result, the Uzbek law approach to duty of confidence may place an extra burden on the owner in contrast to third parties. The approach in question may also have an effect of limiting the marketability of the products using trade secrets, including know-how.
Akbar Ismanjanov, Ph.D, is an Associate Professor, Head of Law Department, Westminster International University in Tashkent.