Trade secret protection in Georgia operates through three norms of the Civil Code: the entrepreneur's exclusive right over the production-and-commercial secret, the fiduciary's duty of secrecy, and delict compensation of damage. A separate statute "on trade secrets" could not be located — the protection rests on the general Code. This page explains those norms under Articles 714, 992 and 1105.
The exclusive right over know-how
Under the first part of Article 1105, the entrepreneur holding a production-and-commercial secret (know-how) has an exclusive right over that information. Know-how, as the law defines it, is technological, organisational or commercial information of special significance, confirmed by the necessary and sufficient measures taken to keep it secret. That criterion — the necessary and sufficient measure — is the key to protection: the secret is protected for the entrepreneur who actually applies such measures.
The content of the exclusive right is defined by three elements: the character of the information — it must be technological, organisational or commercial; its significance — special; and its protection — confirmed by necessary and sufficient measures of secrecy. The law does not enumerate specific measures — it demands the result: the information must actually be protected, and precisely that finding substantiates the right. Under the second part, the protection of the exclusive right over know-how is carried out by this Code and by other legislative acts on industrial property — the frame of protection is joint.
The duty of secrecy
Article 714 is the contractual core of protection: the fiduciary must not disclose facts known to him in the framework of his activity where the principal is lawfully interested in keeping them secret, unless a duty of disclosure exists on the basis of law or the principal permits disclosure. The boundary of the duty is twofold — the statutory duty of disclosure and the principal's consent.
The second part is especially important: the duty not to disclose the facts exists after the contractual relationship has ended as well — an employee or partner is not released from it by the termination of the relationship. The figure of the fiduciary is broad: the duty binds anyone to whom the facts became known within the framework of an activity — from an employee to a consultant. The duty needs no separate contract: it arises directly from the law, while a contract further reinforces it and broadens the grounds of liability in case of disclosure.
Compensation of damage upon breach
Damage caused by disclosure or unlawful use of the secret is compensated under Article 992: a person who causes damage to another by unlawful, intentional or negligent conduct must compensate it. The holder of the secret therefore builds the dispute both as an infringement of the exclusive right and as a delict — relying on the unlawfulness of the conduct and on fault.
The practical conclusion is simple: protection begins with diligent management — restricting access, protecting documentation, fixing employees' duties — and continues with legal instruments once the breach has occurred.
In disclosure cases the evidentiary picture decides: who became acquainted with the information and when, which measures had been applied, and what consequence the disclosure had — the answers to these questions link all three norms into one dispute. It is in the holder's interest to fix this chain in time, since compensation under Article 992 is shaped only by proven damage, while the exclusive right under Article 1105 rests on the existence of the measures.
Frequently Asked Questions
Below we answer questions about trade secrets.
What is know-how under the law?
Technological, organisational or commercial information of special significance, confirmed by necessary and sufficient measures of secrecy.
Who bears the duty of secrecy?
The fiduciary — regarding facts whose secrecy lawfully interests the principal.
Does the duty survive the relationship?
Yes — the duty of non-disclosure exists after the contractual relationship has ended.
Must the protective measures be proven?
Yes — the exclusive right over know-how is confirmed precisely by necessary and sufficient measures, so their existence is a precondition of the dispute.
How is a disclosure dispute built?
By combining the infringement of the exclusive right and the delict — establishing the measures, the fact of access and the damage.
How We Help on Legal.ge
The Legal.ge team builds a system of secrecy protection, assesses the sufficiency of measures and prepares claims should disclosure occur.
If your commercial information has been disclosed or used, write to us on Legal.ge — we will assess both the exclusive right and the delict claim.