THE LAW ON PROTECTION OF CONFIDENTIAL INFORMATION I. GENERAL PROVISIONS Article 1 This Law shall govern the protection of confidential information that represent a commercial secret and/or other undisclosed information (hereinafter referred to as: confidential information) as a specific intellectual property right . Article 2 Any person, whether domestic or foreign, natural or legal, shall be entitled to the protection of confidential information in accordance with this Law. CHAPTER II II. SUBJECT AND CONDITIONS OF PROTECTION Article 3 For the purpose of this Law confidential information shall be any form or type of financial, business, scientific, technical, economic or engineering information, including the whole or any portion or phase of any process, procedure, formula, improvement, pattern, plan, design, prototype, code, compilation, program, method, technique, or listing of names, addresses or telephone numbers, whether tangible or intangible, stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing. Article 4 (1) Confidential information shall be protected under this Law on the condition that it: 1) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; 2) has commercial value because it is secret; and3) has been subject to measures taken by the owner to keep the secrecy of the information . (2) Measures referred to in paragraph 1, subparagraph 3 of this Article shall include apparent physical inaccessibility of the information and procedures in place for designating and safeguarding of the confidential information. Article 5 The owner of the confidential information shall be any natural or legal person who has the legal right to control the use of the information and to transfer such right. Article 6 Confidential information acquired by the person without knowledge or notice that the information is secret at the time of acquisition, shall be entitled to protection under this Law. III. UNLAWFUL ACQUISITION, USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION Article 7 (1) The following acts shall constitute wrongful acquisition, use, or disclosure the confidential information: 1) acquisition, use or disclosure of such information in a manner contrary to honest commercial practices; or 2) use or disclosure of such information without the owner’s express or implied consent; or 3) use or disclosure of such information by a person, who at the time of use or disclosure, knew or ought to have known that the information: 1. was received or obtained from or through a person who acquired the information in a manner contrary to honest commercial practices, or 2. was acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or 3. was received or obtained from or through a person who owed a duty to the owner to maintain its secrecy or limit its use. 4) acquisition of such information by a person who knew or ought to have known that it was a confidential information, where such information was acquired by accident or mistake. 3 (2) For the purpose of this Law, “a manner contrary to honest commercial practices” referred to in paragraph 1 of this Article shall include practices such as breach of contract, breach of confidence, fraud, unlawful acquisition, bribery, misrepresentation, commercial espionage, as well as the acquisition of the confidential information by third persons who knew, or who ought to have known that such practices were involved in the acquisition. (3) The unlawful acquisition, disclosure, or use of confidential information shall include acquiring, disclosing, or using such information by any method from which the information can be perceived, reproduced, or otherwise communicated, either directly or indirectly. IV. LAWFUL USE OF CONFIDENTIAL INFORMATION VI. CIVIL ACTION FOR PROTECTION OF CONFIDENTIAL INFORMATION Article 10 The owner of any confidential information shall have the right initiate legal proceedings requesting the court to: 1) to order refraining from threatened unlawful acquisition, use, or disclosure of such information, or to prohibit ongoing acts that constitute, unlawful acquisition, use, or disclosure of such information or data: 2) to authorize disposal, seizure, destruction or modification of all items incorporating such information or data, including documents and/or other material in which such data is incorporated if the data can be perceived, reproduced, or otherwise communicated from such, either directly or with the aid of a machine or device; 5 3) to authorize measures which prevent the entry into domestic channels of commerce of imported items incorporating such information or data, including documents and/or other material in which such data is incorporated if the data can be perceived, reproduced, or otherwise communicated from such, either directly or with the aid of a machine or device; 4) to authorize the payment of damages, including actual loss and loss of profit. If the infringement was done intentionally or by gross negligence, the plaintiff may request the payment of damages in the amount equal to the threefold amount of customary remuneration that would have been paid had the information been used lawfully; 5) to require publication of the court’s decision at the defendant’s expense. Article 11 The owner of the confidential information protected under this Law may request for an injunction from court that conditions future use of such undisclosed information or data upon payment of a reasonable fee for the period that shall not exceed the period of protection. Article 12 (1) At the request of the owner of the confidential information referred to in Article 3 of this Law who makes it credible that unlawful acquisition, use, or disclosure of the information or data is imminent, or that irreparable harm is likely to occur, or that there is a reasonable doubt that evidence of that will be destroyed or that it will be impossible to obtain it later, the court may order a provisional measure to secure evidence without prior notice or hearing of person from which the evidence is to be collected. (2) For the purposes of paragraph 1 of this Article, the securing of evidence shall mean the inspection of premises, books, documents, databases, etc., as well as the seizure of documents and questioning of witnesses and expert-witnesses. (3) The court order for provisional measures to secure evidence shall be served to the person from whom evidence is to be collected, on the occasion of the collection of evidence and to an absent person, as soon as that becomes possible. Article 13 In order to prevent violation of rights of the owner of confidential information referred to in Article 3 of this Law, the court may order a provisional measure of prohibition of placing into the channels of commerce o withdrawing from the channels of commerce of any goods incorporating such information or any goods manufactured based information.