With the rise of modern commerce after the 19th century and the TRIPS Agreement, confidential data and information with economic value, protected by customary safeguards, are granted legal protection at national and international levels. A key challenge, however, is defining the basis of tort liability for trade secret violations, since the choice between fault-based and risk-based theories affects the burden of proof and the balance of justice between parties.



This research asks: what are the foundations of civil (tort) liability for trade secret violations in Afghanistan and Iran? Using a descriptive, analytical, and comparative method, the study relies mainly on library sources.



Findings show that Afghanistan, despite enacting a law on trade and industrial secrets, does not specify the basis of civil liability, making recourse to the general Civil Code necessary—where fault-based liability predominates. Similarly, in Iran, due to the absence of a specific law, general civil law provisions, especially the fault-based theory, remain the prevailing foundation for tort liability in cases of trade secret infringement.