Theft of trade secrets is a serious crime involving the illegal acquisition, dissemination, or use of confidential business information. In Georgia, this act is punishable under Article 200 (Illegal acquisition of commercial secret) and Article 201 (Disclosure of commercial secret) of the Criminal Code. Any company possessing valuable information (client databases, technological formulas, marketing strategies), the disclosure of which harms its competitiveness, can become a victim. Often, violators are former employees who took data with them upon leaving, or competitors engaging in industrial espionage. This service includes both protecting the rights of the victimized company (initiating investigation, compensation for damages) and defending the accused against baseless charges (e.g., if the information did not constitute a secret).
What does Trade Secret Theft legal service cover?
Lawyers working on corporate crimes offer:
- Audit of secret status: Determining whether the information met the statutory criteria for "trade secret" (whether reasonable measures were taken to protect it).
- Employment dispute management: Conflicts with former employees who violated Non-Disclosure Agreements (NDA) or non-compete clauses.
- Criminal prosecution: Presenting evidence to the Prosecutor's Office that the information was obtained illegally (e.g., via hacking, wiretapping, or document theft).
- Defense of the accused: Proving that the information was publicly available or was obtained by the person through legal means, which excludes criminal liability.
- Forensic investigation: Examining digital traces to determine who extracted information from the company server and when.
Common Situations and Scenarios
Disputes are often related to:
- Theft of client database: A sales manager moves to a competitor and takes the client list and contact information.
- Leakage of technological process: An engineer discloses production secrets (know-how) to a new employer.
- Industrial espionage: Penetrating a competitor's system to obtain strategic plans.
- NDA violation: A partner violates the confidentiality of information received during negotiations.
Georgian Legislation and Legal Framework
Articles 200 and 201 of the Criminal Code provide for fines or imprisonment. The Civil Code and Labor Code are also important. The law imposes strict requirements on the information holder: for information to be considered a trade secret, the company must take "reasonable measures" to protect it (passwords, restricted access, agreements). If these measures were not taken, the use of information is not considered a crime. The defense strategy is often built on proving the absence of these "reasonable measures."
Service Delivery Process
If you are a victim, the lawyer and IT experts collect evidence of the data leak. A lawsuit for damages and a complaint to the Prosecutor's Office are prepared. If you are accused, the lawyer verifies whether the information was truly secret and if it was available in public sources.
Why choose a specialist on Legal.ge?
Trade secret disputes require knowledge of business processes and IT security. On Legal.ge, you will find lawyers who can protect your company's most valuable asset — information. Find a reliable partner on our platform.
Updated: ...