New amendments to Russian law take aim at the theft of trade
secrets by employees, with especially tough penalties for thieving
The amendments to Russia's Trade Secret Law became effective October 1,
2014. The goal of these amendments is to increase the protection of
trade secrets by stiffening penalties for unauthorized disclosures
Under the amended Trade Secret Law, employees who disclose trade
secrets have an express duty to reimburse their employer for any
losses that it incurs as a result of such disclosure, if (i) the
employee learned about the trade secret in the course of his
employment duties, and (ii) the employee is liable for disclosing
the trade secret.
An employer that incurs losses because its former employees have
disclosed trade secrets to another party may demand compensation
from the former employees if the information in question meets the
legal definition of a trade secret. (See our primer on Russian trade secret law for the
The Trade Secret Law expressly provides that a CEO is under a
duty to reimburse the entity for all losses caused by the CEO's
unauthorized disclosure of trade secrets. The CEO's potential
liability is significantly broader than that of other employees:
the CEO is liable for both losses actually incurred and for lost
profits, while other employees are only liable for losses actually
incurred by their employer.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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