COMMERCIAL SECRET AND LIABILITY FOR HER DISCLOSURE

This article reveals the methods of disclosing information that constitutes a trade secret and the consequences of this act, as well as the types of responsibility and measures to ensure the safety of this information

COMMERCIAL SECRET: A FACTOR OF ENTREPRENEURSHIP DEVELOPMENT

В статье рассматривается коммерческая тайна как неотъемлемый атрибут рыночной экономики. В работе приводятся виды, информации, содержащей коммерческую тайну, методы по обеспечению конфиденциальности коммерческой тайны предприятия. The article considers trade secrets as an integral attribute of a market economy. The paper presents the types of information containing a trade secret, methods to ensure the confidentiality of the company's trade secret.

Hedging (into) Property?—Invisible Trade Secrets and International Trade in Goods

Trade secrets can encompass all forms of intellectual property subject matter, as well as other types of data, information, and knowledge that may not meet the threshold of eligibility for intellectual property rights. Trade secret protection may be used to prolong existing exclusivity or to hedge the balance of interests that the law aims to seek through restrictions to such exclusivity. Against this backdrop, this chapter asks whether, and to what extent, the law of trade secrets can be used privately to create a regime of property rules in an age of digitised trading, using the recently adopted EU Directive on trade secrets as an example. It asks whether the forms of protection and enforcement required under the EU Directive make it a de facto property right, hedging a liability regime into a proprietary regime, which is created unilaterally by ensuring secrecy and by imposing a duty of confidence.

LEGAL REGULATION OF COMMERCIAL SECRETS IN THE LEGISLATION OF UKRAINE

The article analyses legal regulation of trade secret phenomenon in Ukrainian legislation as well as initiates ways of above-mentioned legislation improvement. Due to the process of information society formation in Ukraine, the issues of security and protection of rights for information resources of different access level enter into in the foreground of scientific discussions. Thus, there is intensive growth practical interest to trade secrets and other related concepts. One type of confidential information is the so-called �trade secret�. The issue of protection of trade secrets is not in fact a matter of protection of information security, because one of the main characteristics that determines the mode of access to trade secrets is the ownership of this information. The article describes the development of legislation devoted to trade secret at the contemporary stage as well as emergence of essential economic and legal conditions in Ukraine for practical implementation of legal mechanisms of commercially valuable information security and protection. The above-mentioned factors determine urgency of the issue. So called �trade secret� is a king of classified information. The issue of trade secret protection at is core is not in the framework of information security; by virtue of the fact that the key characteristic that influences the access mode to trade secret is the right of ownership of this information. The definition of trade secrets given in the Civil Code of Ukraine is formulated taking into account modern international legal approaches to the understanding of trade secrets (TRIPS and NAFTA) and at the appropriate legal and technical level, although not without certain shortcomings. This definition has a cross-sectoral significance in the system of legislation of Ukraine and is applied when clarifying the content and qualifications of not only civil but also labor, administrative, criminal, procedural and other legal relations. The aim of the article is to analyze domestic legislation in order to expose the essence of trade secret and related concepts. The author determines that the establishing of information constituting a commercial secret list, which cannot be restricted to business entities access, is not sufficient. There is the need at the level of legislation to establish a special mechanism and general criteria for determining information as s trade secret. It would help citizens to exercise their right to file requests to private business corporation. During the writing of the article the following conclusions were reached. In the case of crimes against trade secrets, in fact, the criminality of the act is determined not by law, but by order of the owner of the information or the head of the enterprise, which is not a legal act. In our opinion, this situation is absurd, especially given the imperfection of the legislation governing the ownership of information. Therefore, two ways to solve the problem can be proposed, either by legislatively establishing an exhaustive list of information that can be declared a trade secret, or by abolishing criminal liability

A Research Framework on Intellectual Property and Morality

This chapter traces the role of morality in intellectual property (IP) law by outlining the scholarship that addresses what extent, if any, the law does or should reflect moral judgments. Scholars have investigated this question, either explicitly or implicitly, in all of the categories of IP including patent law, trademark law, and copyright law, and to a lesser extent, trade secret law and right of publicity law. In surveying the robust scholarship and diverse perspectives about whether morality has a place in IP law, the chapter reveals an academic dispute surrounding the degree to which law should rely on morality. Some scholars look at IP through the lens of morality; some see only a disconnect between IP law and morality. For some, morality serves as a basis for IP rights, while others find law and morality to be so conceptually distinct as to be irreconcilable. Some see a danger in IP laws being in conflict with morality, while others view the introduction of morality as a danger. The chapter organizes the scholarship by the position it takes on the appropriateness of the juxtaposition of IP and morality while recognizing that the complexity of IP scholars’ relationship to morality is matched only by the complexity of morality itself as a concern of law.