Industrial espionage has always been a means of competition.It is not surprising that business law developed a legislative institution - the "commercial secret."Receiving special protection, this sub-sector operates with special rights concepts, tools, and application tools upholding confidentiality.
business practice is always based on the receipt and redistribution of the information, and incorporates a commercial secret.This position is due to the fact that the competition is quick and efficient search of necessary information about the process of production or provision of services, as well as access to a potential buyer.Safe to say that it is always the information.However, some categories incorporates a trade secret?
first - it's secrets, or (Western-style) know-how.Also, in certain scientific studies (for example, in the theory of prof. Pelikh AS) they are called technological and scientific and technical information.
second - this is business information.To this list should include plans for the development of the enterprise, the redistribution of financial flows, the results of market research, the formation of goodwill and ways to promote goods or services on the domestic or foreign market.
This is characteristic of the economic position.But lawyers restricted list of what can absorb a commercial secret.This provision implies a ban on the classification of the following information:
1. Documents for the operation of the company (statutory documents, license, authorization, a list of persons entitled to represent the interests of the company without a power of attorney, etc.).
2. The data reflect employment in the company and the level of payment for labor.
3. Documents on the impact of the production of goods and / or services on the environment.
4. The documents regulating the activities of state and municipal enterprises.
5. For information on identified and proven violations of the law.
These provisions are regulated by Article 5 of the Federal Law "On Commercial Secrets".
Based on the above, we can conclude that
Trade secrets - a person's right to refuse access to the business, science and technology enterprise information to third parties except as strictly regulated by legislation .
And, accordingly, if there is a right of refusal, then there must be a right to protection from unlawful attacks on concealed information.
protection of trade secrets
Talking about the methods of its protection from illegal encroachments, legal scholars traditionally distinguish two ways: non-judicial and judicial.
first protection method is actually a set of techniques, the use of which reduces the risk of data included in a trade secret.
second method is aimed at eliminating the consequences of the already closed business and the disclosure of scientific and technological information.Protection of trade secrets in this case is carried out by treatment with a claim in arbitration court.In this case, the person who has suffered from the malicious actions may demand compensation for material damage, restoring the status quo or the imposition of a ban on the dissemination of information as an explicit and hidden way.
To summarize, we should say that a trade secret - a special institution, review and strengthening of which is the subject of a joint of two sciences - economic and legal.And because the development of legal protection of business and scientific and technological information plays a significant role in the fight for the consumer.
