Theft or disclosure of trade secrets (Articles 202 and 202^1 of the Criminal Code of Georgia) is a crime against intellectual property that poses a serious threat to business competitiveness. A trade secret can be any information (technological, financial, marketing) that has commercial value and whose confidentiality is protected by the owner. Illegal obtaining, use, or dissemination of this information is punishable by law. Charges are often brought against former employees who "took" client databases or technological schemes when leaving, as well as competitors engaged in industrial espionage. This crime entails both fines and imprisonment.
Defense in this category of cases requires specific knowledge in corporate law and intellectual property. The lawyer's task is to determine whether the information truly constituted a trade secret and whether the accused had legitimate access to it.
What does the Trade Secret Theft Defense service cover?
Lawyers defend both the accused and victim companies (in terms of information protection). Services include:
- Information status research: Determining whether the company took reasonable measures to protect the secrecy of the information (a prerequisite for criminal prosecution).
- NDA analysis: Legal assessment of employment contracts and non-disclosure agreements.
- Digital forensics: Expertise of computer equipment to confirm/refute data copying or transmission.
- Internal investigation: Establishing facts within the company to detect industrial espionage.
Common Scenarios
Disputes often relate to:
- Employee moving to a competitor: A manager moves to another company and uses the old job's client list or pricing strategy.
- Theft of know-how: Illegal misappropriation of a technological process or recipe.
- Database copying: An IT specialist downloading information from a server for personal use.
Georgian Legislation
The issue is regulated by Articles 202 (Illegal obtaining of trade secrets) and 202^1 (Disclosure of trade secrets) of the Criminal Code. The Civil Code and the Law on "Competition" are also important. Criminal liability arises if the information was obtained by special means or if dissemination caused significant damage.
Process Flow
The defense strategy includes:
- Audit: Checking information protection mechanisms.
- Evidence collection: Analyzing electronic logs and witness testimonies.
- Court: Defense against charges or civil lawsuit for damages.
Why Legal.ge?
Intellectual property disputes are complex. Legal.ge allows you to find lawyers specializing in the intersection of business and criminal law. They will protect your intellectual assets. Find a defender on Legal.ge.
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