THE CIVIL LIABILITY IMPLICATIONS OF TRADE SECRET MISAPPROPRIATION UNDER THE LEGAL FRAMEWORK OF AFGHANISTAN

Аннотация

In today's world, where knowledge and technology are key elements in economic growth and development, trade secrets, as part of the intangible assets of businesses and commercial companies, play a significant role in enhancing competitiveness and securing their market position. The importance of protecting these secrets becomes even more critical when considering that unauthorized disclosure or misuse can cause irreparable harm to their owners. As economic interactions become more complex and commercial relations expand, the phenomenon of trade secret violations has emerged as a serious legal challenge, leading to an increase in private law disputes. The legal system of Afghanistan, recognizing the importance of the issue, has made efforts to establish effective legal frameworks to protect trade secrets. Among these efforts, civil liability serves as a key legal tool, playing an essential role in compensating the injured parties and creating deterrence. This study, employing a descriptive-analytical approach and using library-based research methods, aims to conduct a legal analysis of the effects of civil liability resulting from the violation of trade secrets, with a detailed examination of the role and function of civil liability in Afghanistan’s legal system. The findings of this research indicate that the right to compensation, the right to use legal actions, the right to employ precautionary measures, and the right to file a lawsuit are the most important effects of civil liability. Although Afghanistan’s legal system has taken steps towards the protection of trade secrets, it still requires further strengthening, revision, and greater alignment with global developments in this field. By offering practical recommendations, this study seeks to contribute to enhancing legal understanding, improving existing legal mechanisms, and creating more effective frameworks for the protection of trade secret owners’ rights. Keywords: Civil Liability, Compensation for Damages, Filing a Lawsuit, Precautionary Measures, Legal System.