UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
Trade secret disputes in Ukraine focus less on iden- tifying wrongful conduct in abstract terms and more on reconstructing the life cycle of information. Courts assess whether the claimant can demonstrate a con- trolled flow of information and a credible link between access and subsequent use. 5.4 Duration and Loss of Protection Unlike registered intellectual property rights, trade secret protection in Ukraine is not limited by a fixed term. Protection lasts for as long as the information remains confidential, retains commercial value, and is subject to reasonable measures to preserve its secrecy. This makes trade secrets a potentially perpetual form of protection, particularly for technologies, algorithms, or business processes that are not publicly disclosed. This durability is conditional: once secrecy is lost, pro- tection is extinguished. Loss of protection most commonly occurs through disclosure. Where information becomes publicly avail- able, whether through publication, reverse engineer- ing, or uncontrolled dissemination, it no longer quali- fies as a trade secret. Protection cannot be restored, even where disclosure was unintended. Accidental disclosure presents particular challenges. Courts assess whether it resulted from a failure to implement adequate confidentiality measures. Where such failure is established, the information may be deemed to have lost its protected status. This rein- forces the need for proactive and consistently applied safeguards. Authorised disclosure, including sharing information with employees, contractors, or business partners, does not terminate protection, provided confiden- tiality obligations are clearly defined and effectively enforced. Where disclosure is not properly document- ed or controlled, it may be treated as a loss of secrecy. A critical issue arises in digital environments, where information may be replicated, transferred, or accessed without clear traceability. In such cases, the boundary between controlled use and loss of secrecy becomes increasingly difficult to establish.
Trade secret protection in Ukraine is defined not by duration, but by control. It subsists only for so long as confidentiality is actively maintained and demon- strable in practice. 5.5 Enforcement and Remedies Trade secret disputes in Ukraine are primarily resolved through civil proceedings, while criminal liability may arise in more serious cases involving deliberate mis- use or substantial harm. Civil remedies include injunctions, damages, recovery of lost profits, and orders to cease using or disclos- ing the information. Interim measures may be critical, particularly where information can be rapidly dissemi- nated. Courts grant such relief selectively and expect a well-supported position at an early stage of the pro- ceedings. The central challenge is evidentiary. A claimant cannot rely on general references to confidential information. It must identify the information with precision, demon- strate that it qualified as a trade secret at the relevant time, and show that access was effectively controlled. Courts also expect a coherent account of how the defendant obtained and used that information. Weak documentation or inconsistent confidentiality prac- tices frequently undermine claims. Criminal liability may arise for the unlawful acquisition, use, or disclosure of trade secrets. Such proceedings are used selectively, typically where there is evidence of intentional conduct or co-ordinated activity. Their role is primarily strategic, increasing pressure rather than serving as the primary mechanism for dispute resolution. A separate difficulty arises during litigation itself. Trade secret cases require disclosure of sensitive informa- tion, creating an inherent tension: the claimant must prove its case without exposing the asset it seeks to protect. Ukrainian procedural law provides for closed hearings and restricted access to case materials, but these mechanisms are applied cautiously. Much depends on how effectively confidentiality is struc- tured before the dispute arises.
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