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ARTICLE · 09 AUGUST 2017

Various Issues Surrounding The Use Of Undisclosed Information

The Civil Code of the Republic of Kazakhstan recognizes the concept of "undisclosed information."

KazakhstanIntellectual Property

The Civil Code of the Republic of Kazakhstan recognizes the concept of "undisclosed information." Indeed, the right to use such information is a recurring topic in the provisions governing licensing/sublicensing contracts, pursuant to which a rightsholder (licensor) grants a licensee/sublicensee the right to use the rightsholder's intellectual property, including undisclosed information.

According to the Civil Code of the Republic of Kazakhstan, such information can comprise technical, organizational, and commercial data, including trade secrets (know-how), that are unknown to third parties. Under Kazakh law, such information may be deemed to be undisclosed if certain statutory conditions applicable to operational and commercial information are met:

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