Legal Risks and Coping Strategies of Block Chain Managing Trade Secrets: Enlightenment of Chinese Experience

2021 ◽  
Author(s):  
Song Shiyong ◽  
Xing Yuxia
Keyword(s):  
Legal Protection ◽  
Trade Secrets ◽  
Mathematical Application ◽  
Judicial Practice ◽  
Legal Risks ◽  
Long Time ◽  
Evidence Collection ◽  
Electronic Storage ◽  
Block Chain ◽  
And Coping

Abstract The management and legal protection of trade secrets is the common goal for all countres. Block Chain was found a huge advantage in protecting trade secrets as an advanced form of mathematical application. To better protect trade secrets for solutions, this study was to find out the legal risks faced with Block Chain. Basic theories of trade secrets and Block Chain were analyzed after reviewed literatures and empirical. The contemporary risks faced were put forward combined in practice. The better ways to protect trade secrets were discussed based on the current judicial practice of China. It was argued that problems of electronic storage and evidence collection of trade secrets would be solved Block Chain protection of trade secrets. Great risks and challenges would be confronted ahead albeit confirmed by the judiciary. It was concluded that a long time was dispensable for Block Chain managing and protecting trade secrets.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

scholarly journals Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis

2020 ◽  
Vol 89 (2) ◽  
pp. 189-197
Author(s):  
L. D. Rudenko
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Trade Secret ◽  
Legal Analysis ◽  
Trade Secrets ◽  
Legal Regime ◽  
Industrial Property ◽  
Fair Competition ◽  
Stage Of Development ◽  
Utility Models

The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.

Reverse Engineering im Spannungsfeld der Sonderschutzrechte

2022 ◽  
Author(s):  
Armin Strobel
Keyword(s):  
Reverse Engineering ◽  
Legal Protection ◽  
Economic Life ◽  
Trade Secrets ◽  
German Trade ◽  
Legal Questions ◽  
Unfair Competition Law ◽  
History Of ◽  
Definition Of ◽  
First Time

In implementation of Directive (EU) 2016/943, Section 3 (1) No. 2 GeschGehG (German Trade Secrets Act) explicitly legalizes reverse engineering for the first time in the history of German trade secrets law. Subject of this thesis is a comprehensive exploration of this new freedom of reverse engineering. To this end, the author develops a definition of reverse engineering that takes into account the reality of economic life. After a practice-oriented interpretation of Section 3 (1) No. 2 GeschGehG, its effects on the entire legal protection of entrepreneurial know-how are examined. The focus is on the effects on copyright, patent and unfair competition law. In this context, the author develops goal-oriented solutions to various unanswered legal questions.

23. Trade Secrets

2019 ◽  
pp. 513-522
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Member States ◽  
Legal Rules ◽  
Know How ◽  
Business Information ◽  
Minimal Form ◽  
Definition Of ◽  
Trade Secret Protection

This chapter deals with the legal protection of trade secrets. Traditionally, trade secret protection was left to the national laws of Member States. These national regimes are rooted firmly in existing legal rules in the areas of unfair competition, tort, or breach of confidence. And there is also the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure”. The Directive seeks to impose on Member States a minimal form of harmonization and uniformity. It does not impose a (Community) right in relation to a trade secret, but it works with a common basic definition of a trade secret, the principle that there needs to be redress for the unlawful acquisition, use, or disclosure of a trade secret, and a catalogue of measures and remedies.

Limits of proof in criminal proceedings

2020 ◽  
pp. 82-86
Author(s):  
Aleksei Marochkin ◽  
Viktoriya Slyvnaya
Keyword(s):  
Criminal Procedure ◽  
Reasonable Doubt ◽  
Main Body ◽  
Criminal Proceedings ◽  
Research Activity ◽  
Judicial Practice ◽  
Evidence Collection ◽  
The Subject ◽  
European Standards ◽  
The Moment

Problem setting. Proving in criminal proceedings is evidence collection and research activity of special subjects of criminal proceedings. The specific purpose of prooving is to obtain knowledge that is close to reality. To achieve this purpose, the theory of criminal procedure operates with the concept of “limits of proof”. In view of the above, it is important to study this phenomenon, because, firstly, there is no legislative regulation, and secondly, there is no unity in the theory of criminal procedure on this issue. Target research. The aim of the work is to define the concept of the limits of proof; to find out the moment of reaching the limits of proof and cases of narrowing and expanding the limits of proof; to analyze case law on this issue. Analysis of recent research and publication. The question of determining the limits of proof, their relationship with the subject of prooving has been the subject of scientific research. In particular, the works of such researchers in the field of criminal procedure as A.R. Belkin, V.V. Vapnarchuk, G.F. Gorsky, Yu.M. Groshev, V.S. Zelenetsky, E.G. Kovalenko, L.D. Kokorev, R.V. Kostenko, R.D. Rakhunov, В.В. Rozhnov, V.G. Tanasovich, F.N. Fatkullin, A.A. Khmirov deserve attention. Article’s main body. The article discusses the concept and significance of the limits of proof in criminal proceedings, analyzes the differences between them and other procedural categories, and analyzes doctrinal developments regarding the criteria for reaching boundaries and judicial practice in cases of expanding or narrowing the limits of proof. Conclusions and prospect of development. Thus, the study allows us to state that the concept of the limits of proof in criminal proceedings is multifaceted and important because it aims to achieve fair trial. The limits of proof are individual for each specific criminal proceeding, and an important criterion for determining it is the standard of proof of guilt “beyond a reasonable doubt”. That is why the future study of this phenomenon in criminal proceedings becomes relevant due to the need to bring national criminal proceedings closer to European standards of justice.

scholarly journals Legal protection for women environmental activists in urban areas

2018 ◽  
Vol 52 ◽  
pp. 00048 ◽  
Author(s):  
Tien Handayani Nafi ◽  
Ratih Lestarini ◽  
Inayati ◽  
Tirtawening ◽  
Succi Wulandhary ◽  
...  
Keyword(s):  
Environmental Management ◽  
Urban Areas ◽  
Swot Analysis ◽  
Legal Protection ◽  
Environmental Conservation ◽  
Equal Rights ◽  
Men And Women ◽  
Calculation Results ◽  
Long Time ◽  
High Sense

Men and women have equal rights, duties, and degrees in protecting and fighting for the rights of environment. However, in fact, it is men who dominate most conservation and environmental management activities. Even though, women’s roles in environmental conservation activities are also no less great than men’s given their high sense of empathy and care for the environment. This makes women taking more actions to protect the environment itself, but they often get so many threats, physical harass, even murder threats from those who feel threatened by their actions; and it already happened for a long time, and it still does until now. This should be overcome as soon as possible to prevent more women be the next victim. This research used SWOT analysis to determine the strategies for protecting women environmental activists in urban areas. The SWOT calculation results indicate that there is a need for progressive rules in guaranteeing women’s rights so as to be able to engage in the process of environmental conservation in their respective regions.

scholarly journals The Problems of Legal Regulation of the Land Reclamation after the Illegal Coal Mining by the “Black Diggers” (the Kemerovo region example)

2020 ◽  
Vol 174 ◽  
pp. 02029
Author(s):  
Vitaly Shelestukov ◽  
Roman Drapezo ◽  
Roman Islamov
Keyword(s):  
Coal Mining ◽  
Land Reclamation ◽  
Mining Industry ◽  
Legal Regulation ◽  
Illegal Activity ◽  
Judicial Practice ◽  
Natural Minerals ◽  
Long Time ◽  
Law Enforcement Officials ◽  
The Russian Federation

The article deals with the issues of the legal “irregularity” of criminal and material responsibility of the “black diggers” for the illegal production of natural resources in the territory of the Kuzbass. The schemes of production and selling the coal are very different. That is why it is rather difficult to consider them in terms of criminal, arbitration, and administrative processes, especially by considering the issues of reclaiming the lands broken by such illegal activity. This is evidenced by the limited judicial practice of arbitration courts and courts of law of the Kuzbass. There is also no similar practice in other territorial subjects of the Russian Federation. Thus, there is a necessity in urgent developing of the methodical recommendations for the law enforcement officials on the calculation and compensation for the damage, considering the escalating statistical data on the illegal activity of the “black diggers”. Since the production and land reclamation caused by the coal mining are technologically interconnected, there must be an assigned surveillance of the use of a fund and the order of land reclamation to the prosecutor’s office on the surveillance of respecting the lawfulness in the coal-mining industry. These actions are provided for the coal-mining enterprises. For a long time, the “black diggers” have been producing the natural minerals which are the property of the state and they have also been able to escape the attention of the Russian legislation.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

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