Recent Legal updates in Afghanistan

The systematic and modern process of legislation and publish of law in Official Gazette has started in Afghanistan in 1964 and continues until now. The first Official Gazette is published on March 7, 1964 and now it reached 1238 issues and deemed as a rich legal source of Afghanistan Legal System.

One of the latest issues of Official Gazette is Law on Protection of Commercial and Industrial Secrets which is published through issue number 1233, having 4 chapters and 14 articles.

The purpose of this Law is lawfully protection and support of commercial and industrial privacy of businesses as their intellectual property rights.

As per the above law, the commercial and industrial secrets are financial, technical, scientific, commercial, industrial and related information which are private and not easily accessible to the public, despite of above, the commercial and industrial secret information shall have commercial value and it’s owner adopted required privacy measures in order to have legal protection.

The other advantage of this law is, it’s widespread jurisdiction which it is implemented on national and international citizens, as it states, that it’s provision are implemented on Afghan and non-Afghan residents, citizens of those countries that Afghanistan has Intellectual Property Rights Protection Treaties with, and citizens of third party countries which reside or have enterprises in one of those countries that Afghanistan has Intellectual Property Rights Protection Treaties with.

Disputes resolution related to commercial and industrial secrets are mentioned in the third chapter of the mentioned law and it is specified that victims of violation of commercial and industrial secrets can appeal to the court pursuant to Commercial Procedure Law.

Compensation is other matter which is mentioned in the eleventh article of the mentioned law, the offender of violation of Commercial and Industrial Secrets Law is not only liable to payment of compensation of damages, but also liable to pay all related expenses including attorney’s fee and illegal profits which earned as result of misuse of commercial and industrial secrets offended party.

The authority for enforcement of further Regulations and Procedures are granted to Ministry of Commerce and Industries upon need, for better protection of businesses and investments.

The enforcement of Acts similar to Law on Protection of Commercial and Industrial Secrets which are mostly enforced after Afghanistan’s membership in World Trade Organization shows Afghanistan’s Government desire for protection of Businesses and Investors as well as improvement of its legislation.