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Journal articles on the topic 'Protection des secrets'

Author: Grafiati

Published: 4 June 2021

Last updated: 17 February 2022

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1

Aliyeva-Baranovska, Vira, and Olha Sirenko. "Comparative characteristics of trade secret in the legislation of foreign countries and in international law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 135–49. http://dx.doi.org/10.31733/2078-3566-2020-4-135-149.

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The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Organization of 1967 in terms of protection of trade secrets in order to improve national legislation in this area. It has been emphasized that the definition of trade secrets is similar in the Civil Code of Ukraine and in the TRIPS Agreement, which enshrines three criteria of trade secrets: secrecy, commercial value and taking adequate measures to ensure secrecy. It is noted that legal protection provides for and requires the owner of the commercial secrecy to take appropriate measures to ensure the protection of relevant information from unfair commercial use. Sometimes the misappropriation of a trade secret is the result of industrial espionage, when a person provides classified information to a competitor for monetary or other remuneration. The main provisions of the North American Free Trade Agreement (NAFTA) on trade secrets are analyzed in comparison with the EU legal system, according to which patent law provides additional incentives for the application of the commercial secrecy regime to protect confidential information. Four approaches to understanding this legal regime in the doctrine of Anglo-Saxon legal systems are analyzed: the theory of contractual obligation, the theory of fiduciary (trust) relations, the theory of misappropriation and the theory of unfair competition. It is concluded that the applied criteria for classifying information as a trade secret are similar, in relation to actions that are not appropriation of a trade secret, in particular, in relation to the ‘legalization’ of reverse development, which is relevant for the information technology industry. Ukraine has the prospect of including in its legislation an important legal act – the Law of Ukraine on Trade Secrets, which will have a positive impact on the business climate, promote investment attractiveness, and meet the needs of businesses and the state.

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2

Widerski, Piotr. "Protection of trade secrets in polish and european legislation." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 22, no. 2 (July 25, 2018): 58–68. http://dx.doi.org/10.5604/01.3001.0012.5316.

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Trade secrets are valuable business assets to all companies on the market irrespective of their size and sector. Empirical evidence prompts clear dependency between innovation and trade secret protection (Ec.europa.eu, 2013). Trade secrets represent the results of R&D investments, innovation and creativity. They are often located as the decisive element of economic advantage in business relationship. The lack of sufficient legal protection of secrets reduces confidence of business creators, researchers and innovators. A current state of protection in the EU has proven to be inadequate to create a satisfactory level of entrepreneurship. Directive 2016/943 endorses a minimum standard requirement for the EU legislation but the Member States may introduce to their own legal systems more far-reaching protection against unlawful acquisition, use or disclosure of trade secrets. Trade secrets play an important role in protecting the exchange of know-how between businesses, especially SMEs, and research institutions both within and across the borders of the internal market, in the context of research, development, and innovation. Trade secrets are one of the most commonly used forms of protection of intellectual creation and innovative know-how by businesses, yet at the same time, they are not sufficiently protected by the existing European Union legal framework.

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3

Harrison, Mark. "Accounting for Secrets." Journal of Economic History 73, no. 4 (November 15, 2013): 1017–49. http://dx.doi.org/10.1017/s0022050713000867.

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The Soviet dictatorship used secrecy to shield its processes from external scrutiny. A system of accounting for classified documentation assured the protection of secrets. The associated procedures resemble a turnover tax applied to government transactions. There is evidence of both compliance and evasion. The burden of secrecy was multiplied because the system was also secret and so had to account for itself. Unique documentation of a small regional bureaucracy, the Lithuania KGB, is exploited to yield an estimate of the burden. Measured against available benchmarks, the burden looks surprisingly heavy.

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4

Alid, Idul Hanzah, and Lailasari Ekaningsih. "How Government Provide Legal Protection for Trade Secrets?" Journal of Law and Legal Reform 1, no. 2 (January 26, 2020): 215–24. http://dx.doi.org/10.15294/jllr.v1i2.35420.

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Trade secret is a factor in the creation of innovation for a company to maintain its presence in the community. PT. CPM must identify information that is considered confidential trade before making attempts of legal protection of such information, because not all corporate information can be regarded as a trade secret. The identification is done by providing criteria for confidential information such as information that is not known by the public, has economic value, giving a loss if the information leaked and stolen. So PT. CPM has two attempts of legal protection of trade secrets. First, preventively is to have rules and regulations and written agreements between the parties relating to trade secret information PT. CPM. Second, repressive of protecting end to the measures for violations occurred. In case of violation, PT. CPM will solve the problem amicably. If it fails, then the next action to decide the employment of actors and reported to the authorities. Companies better make a written agreement between the parties in advance and posted to the Directorate General of Intellectual Property Rights in order to ensure the protection of the company's trade secrets.

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5

Värv, Age, Heiki Pisuke, Tõnis Mets, Elise Vasamäe, and Aleksei Kelli. "Trade Secrets in the Intellectual Property Strategies of Entrepreneurs: The Estonian Experience." Review of Central and East European Law 35, no. 4 (2010): 315–39. http://dx.doi.org/10.1163/157303510x12650378240476.

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AbstractSecrecy is a traditional method of knowledge protection. The protection and management of trade secrets has high strategic relevance for small transition economies. As the majority of Estonian entrepreneurs are SMEs in low-tech sectors, the implementation of adequate trade-secret protection strategy is vital. There are several advantages to trade-secret protection. First, the scope of trade-secret protection can be extensive and includes non-patentable knowledge. Second, it does not require the registration or fulfilment of any formal procedures.The Estonian high-tech sector also relies on trade-secret protection. Concentration of activities in a low- or high-tech sector only determines whether entrepreneurs combine patent and trade-secret protection or whether they are solely dependent on trade-secret protection.The enhancement of entrepreneurial skills to manage trade-secrets is crucial. Despite the high strategic relevance of trade secret protection, Estonian entrepreneurs do not, yet, seem to have the necessary capabilities to leverage trade-secret protection. A similar situation can be detected in other Baltic states. Therefore, the main focus of this article is on the exploration of how to control and utilize trade secrets in the value creation process by entrepreneurs in the Estonian legal and economic environment through appropriate economic and legal strategies and relevant legal implementation and protection measures. The authors analyze theoretical and practical issues concerning trade-secret protection, argue their own concepts and put forward several proposals.

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6

Tesk, Kirk. "Trade Secrets 101." Mechanical Engineering 130, no. 10 (October 1, 2008): 36–38. http://dx.doi.org/10.1115/1.2008-oct-4.

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This article focuses on advantages to protect intellectual property by keeping it under wraps. There are some things that just cannot keep from getting out. Probably nothing in the law breeds as many myths as trade secrets. One positive aspect of trade secrets is that they can protect things patents cannot, since the general definition of a trade secret is any information that is in some way valuable, provided that reasonable efforts are used to maintain the secret. Trade secret protection can also last indefinitely. Patents, by contrast, expire 20 years after they are filed. The problem with trade secrets begins when engineering managers rely on trade secrets without understanding their limits or use trade secrets as a fall-back business decision. Conducting regular trade secret audits is a mechanism where a trade secret specialist gains an understanding of a company’s secrets, ensures that they are sufficiently defined, and that they are adequately protected. After the product is released, its high-level functionality is no longer a trade secret, but could be protected via a patent. Marketing literature and data sheets are also no longer trade secrets because they are usually made public.

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7

Henry, Emeric, and Francisco Ruiz-Aliseda. "Keeping Secrets: The Economics of Access Deterrence." American Economic Journal: Microeconomics 8, no. 3 (August 1, 2016): 95–118. http://dx.doi.org/10.1257/mic.20140190.

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Keeping valuable secrets requires costly protection efforts. Breaking them requires costly search efforts. In a dynamic model in which the value of the secret decreases with the number of those holding it, we examine the secret holders' protection decisions and the secret breakers' timing of entry, showing that the original secret holder's payoff can be very high, even when protection appears weak, with implications for innovators' profits from unpatented innovations. We show that the path of entry will be characterized by two waves, the first of protected entry followed by a waiting period, and a second wave of unprotected entry. (JEL C73, D74, D82, L13, L25, O31, O34)

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8

Tyshchenko, Ye. "PROBLEM ASPECTS OF FORENSIC EXAMINATION ON STATE SECRETS’ ISSUIS IN CRIMINAL PROCEEDING." Criminalistics and Forensics, no. 64 (May 7, 2019): 88–101. http://dx.doi.org/10.33994/kndise.2019.64.06.

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Article 518 of the Code of Criminal Procedure of Ukraine for the first time regulated the production of forensic examination regarding the legality of attributing information in the field of defense, economics, science and technology, foreign relations, state security and law enforcement to state secrets, changing the secrecy of this information and its declassification damage caused to the national security of Ukraine in the event of the disclosure of classified information or the loss of material carriers of such information. This definition is cumbersome, that is why it is advisable to call the expertise at issue broader in content and more laconic in form – “in matters of state secrets”. The appointment, support and conduct of forensic examinations on this issue is accompanied by lengthy and still not completed scientific discussions and related practical problems, which include subjects which are able to conduct examinations on state secrets, and the methodology for conducting them. Thus, the disposition of Part 1 of Art. 518 Code of Criminal Procedure of Ukraine regarding the subject of the examination on state secrets do not correspond to the content of other applicable laws and regulations. Also, no certified and registered by the established procedure methodology for conducting forensic examination on state secrets’ issues has been established. In order to comply with the rule of law and legality as basic criminal proceedings according to Art. Art. 7, 8, 9, 22 Code of Criminal Procedure of Ukraine: – it requires forming by authorized order the type of forensics as a state secret forensic and a type of relevant expert specialty; – it is advisable to expand the circle of subjects of expertise on state secrets’ issues at the expense of other specialists who are knowledgeable in matters of state secrets. They can be members of expert commissions under state secrecy experts, if at the same time complying with the set of normatively defined requirements for judicial experts who are not employees of state specialized agencies conducting forensic examinations. These requirements must also be met by state secrecy experts. In the future, a crucial step could be to consider the assignment of the functions of judicial experts on state secrets’ issues to the Security Service of Ukraine staff, which is entrusted with Article 2 of the Law of Ukraine “On the Security Service of Ukraine” to ensure the protection of state secrets and which is a specially authorized state body in the field of ensuring the protection of state secrets in accordance with Part 5 of Article 5 of the Law Of Ukraine “On State Secrets”; – authorized state bodies are obliged to solve the problem of developing, certifying and state registration of a methodology for conducting a forensic examination on state secret issues. Key words: state secret, forensic examination.

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9

Kong, Jin-Seong. "Constitutional Limits of the Protection of Conversational Secrets under the Protection of Communication Secrets Act." Institute for Legal Studies Chonnam National University 38, no. 4 (November 30, 2018): 67–96. http://dx.doi.org/10.38133/cnulawreview.2018.38.4.67.

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10

Bérces, Viktor. "Criminal Law Protection of Personal Secrets in Hungary." Acta Universitatis Sapientiae Legal Studies 8, no. 1 (June 20, 2019): 23–42. http://dx.doi.org/10.47745/ausleg.2019.8.1.02.

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The study analyses in detail and from a wide perspective the criminal law regulation applicable to the protection of personal secrets in Hungarian law. The author presents the historical development and comparative law context of the criminal substantive legal norms which defend personal secrets, especially in view of persons whose occupations or professions require handling such privileged information. Several norms applicable to specific professions (the clergy, the medical profession, and attorneys at law) as well as their implications in the light of the provisions of criminal and civil procedural law are also explored. The author concludes that it would be advantageous to use the expression ‘occupation’ in a wider sense and that the Hungarian Criminal Code should exemplify the secrets which often occur in everyday life and the exposure of which fits into the offending behaviour. Also, criminal and civil procedure should use the same rules for the exemption of persons bound by secrecy from having to testify as witnesses.

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11

Tattay, Levente. "Protection of trade secrets in Hungary." Journal of Intellectual Property Law & Practice 14, no. 8 (August 1, 2019): 622–31. http://dx.doi.org/10.1093/jiplp/jpz071.

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12

Ying, Cheng. "La protection des secrets se libéralise." Perspectives chinoises 13, no. 1 (1993): 12–14. http://dx.doi.org/10.3406/perch.1993.3904.

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13

Basova, A. V., G. N. Komkova, and R. A. Torosyan. "The constitutional right of HIV-infected russian citizens to protect personal privacy: limits of restriction." HIV Infection and Immunosuppressive Disorders 13, no. 2 (June 19, 2021): 124–30. http://dx.doi.org/10.22328/2077-9828-2021-13-1-124-130.

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The aim: to conduct a constitutional and legal analysis of the legal regulation of medical secrecy protection for HIV-infected Russian citizens.Materials and methods. The analysis was carried out on the basis of Russian and foreign legislation and scientific literature published on this topic over the past 7 years, including in Pubmed. The study used dialectical and logical methods, which created the basis for a comprehensive and complete study of the limits of admissibility of protecting medical secrets of HIV-infected; the use of the systemicstructural method allowed to study it in conjunction with constitutional guarantees of human rights.Results. Some problems in the legal regulation of medical secrecy protection of HIV-infected Russian citizens have been identified. It is noted that in Russia there are specific circumstances and reasons requiring disclosure of the positive status of HIV-infected citizens. They hide their diagnosis when entering into intimate relationships with healthy people and even in marriage. The current criminal liability for contracting another person’s HIV infection does not ensure the suppression of infringements on the health of others. Based on the analysis of judicial practice, the excessive protection of medical secrets of HIV-infected is noted. Conclusion. It is concluded that in order to effectively protect the health of Russian citizens, it is necessary to limit in some aspects the protection of personal secrets of HIV-infected persons to ensure the safety of all people in contact with them.

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14

Schröder, Vilhelm, and Philipp Widera. "Obtaining Evidence in Patent Litigation and Trade Secret Protection – A Tale of Two Poles." GRUR International 70, no. 4 (February 7, 2021): 361–76. http://dx.doi.org/10.1093/grurint/ikaa161.

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Abstract In this article, the authors compare how the courts in two different jurisdictions handle trade secrets in patent litigation. Even though the two countries observed, Finland and Germany, are both continental European civil law systems with similar legal traditions, the approach to trade secret protection in litigation is quite different in many aspects. While Finland already has comparatively sophisticated legislation and jurisprudence when it comes to the protection of trade secrets, the German approach is rather different, and could be compared to a patchwork carpet. In this article, the authors review the international and European legal framework before delving into the details of the two national legal systems. Finally, they give guidelines on how to harmonize trade secret protection in litigation in order to strike a fair balance between the different interests at stake.

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15

Rudenko, L. D. "Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 189–97. http://dx.doi.org/10.32631/v.2020.2.18.

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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.

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16

Jovičić, Katarina. "Trade secrets: Definition and basics of protection." Strani pravni zivot, no. 1 (2018): 7–19. http://dx.doi.org/10.5937/spz1801007j.

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17

Yan, Lan. "Protection of Commercial Secrets in Chinese Law." Journal of World Intellectual Property 1, no. 1 (November 1, 2005): 121–26. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00006.x.

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18

Loriedo, Camillo, and Gaspare Vella. "Secrets et système familial : protection ou préjudice ?" Cahiers critiques de thérapie familiale et de pratiques de réseaux 33, no. 2 (2004): 11. http://dx.doi.org/10.3917/ctf.033.0011.

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19

Chernykh, A. B. "Problems of Jurisdictional Protection of Rights to Commercial Secret." Sociology and Law, no. 3 (October 4, 2019): 75–80. http://dx.doi.org/10.35854/2219-6242-2019-3-75-80.

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In case of violation of the right to trade secrets and the need for jurisdictional protection of confidential information of the enterprise, copyright holders face a number of legal problems and a number of commercial risks. The author makes an attempt to generalize and systematize the practice of courts of general jurisdiction on the described problems and assesses the effectiveness of the application of jurisdictional methods of protecting trade secrets.

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20

РONOMARENKO, O. "Features of criminal and legal protection оf state secrets under US law." INFORMATION AND LAW, no. 2(37) (June 23, 2021): 123–28. http://dx.doi.org/10.37750/2616-6798.2021.2(37).238346.

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The article is devoted to determining the features of criminal law protection of state secrets under US law. The system of US regulations in the field of protection of state secrets is considered. The classification of types of state secrets is given. The grounds for criminal liability for crimes in the field of protection of state secrets have been determined. The measures of criminal and legal influence applied to the persons who have committed such crimes are revealed.

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21

Nasu, Hitoshi. "STATE SECRETS LAW AND NATIONAL SECURITY." International and Comparative Law Quarterly 64, no. 2 (March 16, 2015): 365–404. http://dx.doi.org/10.1017/s0020589315000056.

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AbstractWith the increased awareness of national security concerns associated with unauthorized disclosure of State secrets, the legal protection of State secrets on national security grounds has assumed renewed significance, while raising ever growing concerns about its impact on freedom of information. Between these competing policy concerns lies a discrete area of law that defines and protects State secrets from unauthorized communication or disclosure. This article aims to ascertain the actual State practice concerning State secrets protection on national security grounds across different countries, and examines common challenges to the delimitation of national security grounds for State secrets protection in light of the changing national security environment.

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22

Sawczenko, Aleksandra, and Weronika Sołkiewicz. "Tajemnica studentów prawa w związku ze świadczeniem pomocy prawnej i odbywaniem praktyk zawodowych." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 393–404. http://dx.doi.org/10.15584/znurprawo.2020.29.27.

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The aim of the article is to present the issues of protection and validity of professional secrets related to legal professions on the basis of internships and gaining experience by law students. The scope of the secrecy and its considerations have been developed with relation to the places most frequently chosen by students where they gain practical skills, as courts, student legal clinics and law firms. In the process of creating the publication, a short questionnaire concerning internships, forms of cooperation and students and graduates opinions on the protection of professional secrets was conducted, the results of which are described in the article.

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23

Niebel, Rembert, Lorenzo de Martinis, and Birgit Clark. "The EU Trade Secrets Directive: all change for trade secret protection in Europe?" Journal of Intellectual Property Law & Practice 13, no. 6 (March 16, 2018): 445–57. http://dx.doi.org/10.1093/jiplp/jpx227.

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Yanuarsi, Susi. "PERLINDUNGAN HUKUM TERHADAP PEMILIK RAHASIA DAGANG YANG BERSIFAT KOMERSIL." Solusi 17, no. 2 (May 1, 2019): 122–31. http://dx.doi.org/10.36546/solusi.v17i2.146.

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Normative trade secrets are formulated as information that is not known to the public in the field of technology and / or business that has economic value because they are useful in business activities, and are kept confidential by the owners of trade secrets. Ownership and protection of confidential information that is categorized as trade secrets and is an intangible asset of the company, occurs automatically. Whoever discovers or makes this trade secret, it is automatically by law that he is considered to be the owner and this owner has the right to use or complain given a permit made by everyone for commercial support purposes

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25

Wright, Susan, and David A. Wallace. "Varieties of Secrets and Secret Varieties: The Case of Biotechnology." Politics and the Life Sciences 19, no. 1 (March 2000): 45–57. http://dx.doi.org/10.1017/s0730938400008893.

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This article examines several trends that have combined to veil the new field of biotechnology in secrecy: the transformation of biotechnology from an essentially academic field characterized by strong norms of openness to a field with extensive corporate connections that have reached even to research in leading universities; the establishment of intellectual property rights for life-forms initiated by the landmark Supreme Court decision, Diamond vs. Chakrabarty; and the limiting of public access to information about the genetically altered organisms whose use in agriculture, industry, and medicine falls under government controls. The article also examines the effects of the U.S. biotechnology industry's demand for secrecy on the negotiations for a protocol to the 1972 Biological Weapons Convention, particularly the turn from requirements for transparency to protection of opacity with respect to biotechnology and other biological processes, equipment, and production.

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26

Rusetskaya, Irina A. "PROTECTION OF STATE SECRETS IN THE CZECH REPUBLIC." RSUH/RGGU Bulletin. Series Information Science. Information Security. Mathematics, no. 3 (2019): 36–50. http://dx.doi.org/10.28995/2686-679x-2019-3-36-50.

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27

Birštonas, Ramūnas, and Karolis Šimanskis. "Peculiarities of Trade Secrets Protection in Public Procurement." Teisė 112 (September 23, 2019): 21–45. http://dx.doi.org/10.15388/teise.2019.112.2.

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This article deals with the legal regulation of the obligation to protect confidential information in public procurement procedures and the peculiarities of the application of trade secrets in these relations.

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28

Klasa, Sandy, Hernán Ortiz-Molina, Matthew Serfling, and Shweta Srinivasan. "Protection of trade secrets and capital structure decisions." Journal of Financial Economics 128, no. 2 (May 2018): 266–86. http://dx.doi.org/10.1016/j.jfineco.2018.02.008.

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29

Serebryakov, A. A. "ADMISSIBILITY OF PROVIDING INFORMATION CONSTITUTING MEDICAL CONFIDENTIALITY IN THE PUBLIC INTEREST." Russian-Asian Legal Journal, no. 1 (April 18, 2020): 28–32. http://dx.doi.org/10.14258/ralj(2020)1.7.

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The article is devoted to this type of confidential information about a citizen, as information constitutinga medical secret. The legal regime of medical confidentiality is considered in the context of its relationshipwith personal secrecy and the right to privacy. The author concludes that initially information about thehealth of a citizen is protected under the regime of personal secrets. Herewith, the regime of medicalconfidentiality is called upon to provide additional guarantees to ensure the citizen’s right to confidentialinformation regarding his health. It has been established that restrictions on a citizen’s right to privacy andpersonal secrecy may arise from the characteristics of the legal regime of other types of secrets. Thus, theconsolidation in Russian law of the grounds for providing information constituting medical confidentiality tothird parties without the consent of a citizen by their nature and legal consequences limits the citizen’s rightsto privacy. At the same time, such restrictions can be justified if they are designed to ensure the protection ofpublic interests. On the example of road safety, the shortcomings of the existing legal regulation are shown.

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30

Castellaneta, Francesco, and Raffaele Conti. "Money Secrets: How Does the Legal Protection of Trade Secrets Affect Firm Acquisition Price?" Academy of Management Proceedings 2014, no. 1 (January 2014): 16691. http://dx.doi.org/10.5465/ambpp.2014.16691abstract.

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31

Stevens, Kathryn. "Secrets in the Library: Protected Knowledge and Professional Identity in Late Babylonian Uruk." Iraq 75 (2013): 211–53. http://dx.doi.org/10.1017/s0021088900000474.

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Injunctions to secrecy in the colophons of scholarly cuneiform tablets offer potential insights into the classification and protection of knowledge in Mesopotamia. However, most models of a body of “secret knowledge” defined by the so-called “Geheimwissen colophons” have found it difficult to account for a seemingly disparate corpus of protected texts. This study argues first for an expanded definition of intellectual protection, which leads to a larger corpus of protected texts. Through a case study of Late Babylonian colophons from Uruk, it is suggested that there is a strong correlation between texts related to the professional specialism of the tablet owner, and the occurrence of protective formulae in the colophon. This implies that it is fruitful to consider “secret knowledge” less as an abstracted corpus of esoteric texts and more as a mutable categorisation strongly linked to professional and individual intellectual identity.

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Андреев, Константин, Konstantin Andreev, Татьяна Петрова, and Tat'yana Petrova. "«No valid context» as a form of religious defamation." Advances in Law Studies 6, no. 4 (December 28, 2018): 41–45. http://dx.doi.org/10.29039/article_5c262a6e673157.70089944.

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The article investigates the guarantees of recognition, compliance and protection of religious secrets – as the most important constitutional guarantees of religious freedom. The author discusses the question of the limits of recognition and protection of religious secrets.

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Wądołowski, Rafał. "Ochrona tajemnicy państwowej w Federacji Rosyjskiej. Wybrane regulacje karne i administracyjne." Przegląd Bezpieczeństwa Wewnętrznego 13, no. 24 (2021): 63–90. http://dx.doi.org/10.4467/20801335pbw.21.006.13563.

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W artykule omówiono regulacje administracyjne dotyczące udostępniania informacji tajnych i ściśle tajnych oraz przedstawiono przepisy karne dotyczące ujawniania tajemnicy państwowej obowiązujące w Federacji Rosyjskiej wraz z ich interpretacją. Autor w odniesieniu do rosyjskich przepisów konstytucyjnych, administracyjnych i karnych wybiorczo przedstawia adekwatne do nich przepisy prawa polskiego. Ponadto w związku z tym, że przepisy prawa karnego nie zawierają definicji terminów użytych do ich konstrukcji, w artykule zaprezentowano przepisy administracyjne rosyjskiego systemu ochrony tajemnic publicznych, które są niezbędne do rekonstrukcji karnych norm prawnych. Na podstawie opracowania sformułowano wniosek, że w polskim ustawodawstwie brakuje odrębnego przepisu penalizującego uzyskanie informacji tajnej lub ściśle tajnej w wyniku popełnienia odrębnego czynu zabronionego. Powyższe może być podstawą do ewentualnych przyszłych zmian legislacyjnych w tym zakresie. Należy zaznaczyć, że artykuł nie wyczerpuje tematu, a jedynie wskazuje wybrane zagadnienia związane z systemem ochrony tajemnicy państwowej w Rosji. Zainicjowana eksploracja może w przyszłości być wykorzystana do pogłębionych badań porównawczych nad zagadnieniem, o którym mowa. The protection of State Secrets in the Russian Federation. Selected penal and administrative regulations The article discusses the administrative regulations regarding the disclosure of secret and top-secret information in the Russian Federation. Moreover, it presents the effective penal code provisions directed against the disclosure of state secrets in Russia and the interpretation of these provisions. The author does not limit himself only to Russian constitutional, administrative and criminal regulations but gives examples of Polish corresponding laws. Additionally, in connection with the fact that criminal law provisions often contain non-specific references to other legislation, the article presents administrative acts of the protection system of public secrets. On the basis of the formulated conclusions, it was recognised that the Polish legislation lacks an individual provision penalising the fact of obtaining secret or top-secret information as a result of committing a separate unlawful act. It can be the basis to formulate postulates de lege ferenda. It should be noted that the article does not exhaust the topic, but only indicates selected issues of the protection system of state secrets in Russia. Initiated study can be used to carry out in-depth comparative research on this topic in the future.

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Chan, Albert Wai Kit, and Jason Chih-Sheng Lin. "Intellectual Property Protection OF NATURAL PRODUCTS." Asia-Pacific Biotech News 08, no. 10 (May 30, 2004): 540–45. http://dx.doi.org/10.1142/s0219030304000862.

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Torremans, Paul L. C. "The road towards the harmonisation of trade secrets law in the European Union." Revista La Propiedad Inmaterial, no. 20 (December 15, 2015): 27. http://dx.doi.org/10.18601/16571959.n20.02.

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Trade secrets have traditionally been protected in various ways by national laws in the European Union. The international intellectual property treaties offered only a limited common core. From this starting point this article examines the new EU draft directive on trade secrets. The aim is not to put in place a comprehensive EU regime for the protection of trade secrets. There will only be a partial harmonisation of the national laws of the Member States, focussing on the unlawful acquisition, disclosure and use of trade secrets, and that harmonization will be of a minimalist nature in the sense that Member States may provide, in compliance with the provisions of the Treaty, for more far-reaching protection against the unlawful acquisition, use or disclosure of trade secrets than that required in the Directive.

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Hoondong Lee. "Protection of Trade Secrets under Unfair Competition Prevention Law." HUFS Law Review 35, no. 4 (November 2011): 35–47. http://dx.doi.org/10.17257/hufslr.2011.35.4.35.

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FitzGerald, Gary. "The 'No Secrets' consultation: Safeguarding adults and adult protection." Journal of Care Services Management 4, no. 1 (October 2009): 81–89. http://dx.doi.org/10.1179/csm.2009.4.1.81.

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Norman, Patricia M. "Are your secrets safe? Knowledge protection in strategic alliances." Business Horizons 44, no. 6 (November 2001): 51–60. http://dx.doi.org/10.1016/s0007-6813(01)80073-2.

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Nargiza., Raimova. "THE ACTUAL PROBLEMS OF LEGAL PROTECTION OF COMMERCIAL SECRETS." International Journal of Advanced Research 4, no. 6 (June 30, 2016): 1260–64. http://dx.doi.org/10.21474/ijar01/866.

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Apke, Thomas M. "International protection of trade secrets when using the Internet." Management Decision 41, no. 1 (February 2003): 43–47. http://dx.doi.org/10.1108/00251740310452907.

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Morozov, Ya I., and L. V. Potapova. "CASE-STUDY OF PROTECTION OF TRADE SECRETS IN UKRAINE." Juridical scientific and electronic journal, no. 3 (2021): 110–13. http://dx.doi.org/10.32782/2524-0374/2021-3/26.

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Hasan, Djuniatno, and Gunarto Gunarto. "Implementation of Legal Protection of Confidential obligation Notary In Running Position." Jurnal Akta 7, no. 2 (August 17, 2020): 223. http://dx.doi.org/10.30659/akta.v7i2.7872.

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This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.

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Zhou, Jun, and Zhen Yu Yang. "Data Privacy Preservation in Wireless Sensor Networks Based on Multi-Secret Sharing Scheme." Applied Mechanics and Materials 411-414 (September 2013): 141–44. http://dx.doi.org/10.4028/www.scientific.net/amm.411-414.141.

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The Internet of things is widespread concerned by the whole society now. As an important component of the Internet of things, wireless sensor network has wide application prospect in various fields such as medical and health, military defense. The traditional data privacy protection technology of PKI system used in the WSN networks has its own weakness. This paper presents the secret key sharing mechanism to protect data privacy. The secret key, remote node and base station used to communicate, was divided into multiple secrets. The multiple secrets were distributed in the nodes which connect directly to the base station node. Only through collect more than threshold number of multi-secret that can decrypt the communication data between the base station and the remote node. To be safer, we used digital watermarking technology to protect the data transmission between the base station and the aggregate node. These techniques combined with the data slice, homomorphism encryption technology to protect data privacy, construct a safe and efficient wireless sensor networks.

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Borenstein, Juliana Gil. "Extraordinary Renditions and State Secrets: A Human Rights Approach." Groningen Journal of International Law 7, no. 1 (August 27, 2019): 1–20. http://dx.doi.org/10.21827/5d5141b011de5.

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One of the world’s main concerns over the past decades has been the phenomenon of terrorism. It is evident that terrorism must be eradicated, especially considering the huge threat it poses to the basic values of democratic societies. However, it must be kept in mind that arbitrary governments also represent a huge threat to these same values and, therefore, safeguards must exist to guarantee that state authorities act within the framework of law. Unfortunately, some governments misuse the ‘state secrets privilege’ argument, created to protect their right to confidentiality in national security affairs, to prevent their gross violations of human rights from being assessed by the judiciary, violating victims’ rights and promoting impunity. This is particularly true in cases involving so-called ‘extraordinary renditions’ used to fight terrorism. This article defends the premise that as much as the existence of secrecy is essential for the protection of every nation, no secrecy can serve as an excuse for governments to violate human rights and disregard the rule of law. In order to ensure that state secrets privilege is not used as a way to promote impunity for serious human rights violations, it is very important that mechanisms are implemented in order to have the claim of secrecy in national security related issues closely scrutinised by an impartial judicial organ. It is in the interest of democracy and justice that a fair balance is struck between the interests of national security and the protection of human rights.

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Balthasar, Stephan. "Truth and secret: the protection of privacy in ancient German, French and English law." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 74, no. 3-4 (2006): 337–54. http://dx.doi.org/10.1163/157181906778946074.

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AbstractComparing the legal development in France, Germany and England from 1500–1800, this article analyses the protection of those interests which are covered today by the law of privacy. Continental law, influenced by the Roman actio iniuriarum, protected personal secrets, and it also restrained, to a certain extent, the divulgation of embarrassing truths. The English law of defamation however, afforded no comparable protection, the proof of truth ("justification") being a perfect defence against any claim for damages under the head of defamation. The conclusion that the civil law has a long tradition of preserving sensitive information against unwanted publicity is underlined by the fact that the ancient ideas of protecting secrets and restricting publication of the truth helped 19th century lawyers in France and in Germany to approach the modern concept of privacy ("vie privée", "Privatleben").

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Gaido, Chiara. "The trade secrets protection in U.S. and in Europe: a comparative study." Revista La Propiedad Inmaterial, no. 24 (December 12, 2017): 129–44. http://dx.doi.org/10.18601/16571959.n24.06.

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Only by deeply understanding the new laws that govern trade secrets protection in the United States and Europe, companies will be able to effectively protect their own trade secrets. The purpose of this paper is to highlight the similarities and differences between both regulations to give useful guidelines to international companies who deal in both geographical areas. Therefore, the paper will focus first on the economic value of trade secrets and the costs related to cybercrime and cyberespionage. Then, it will analyze the US and EU historical legal backgrounds that brought to the adoption of both laws. Finally, this article will make a comparative analysis of the provisions in each law. Hence, the paper makes potential suggestions for companies that deal in both regimes.

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Reddy T., Prashant. "The ‘Other IP Right’: Is It Time to Codify the Indian Law on Protection of Confidential Information?" Journal of National Law University Delhi 5, no. 1 (July 2018): 1–21. http://dx.doi.org/10.1177/2277401718787951.

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Countries across the world are increasingly turning their attention to trade secret law, either enacting new laws or amending existing laws. As India faces similar calls to enact new laws to protect trade secrets, it is necessary to take stock of existing Indian law on protection of confidential information. As of now India protects confidential information either through contracts or under the equitable duty of confidence. Any codification exercise will however have to keep in mind several factors like the impact of a new law on employee mobility, competition, protecting free speech, ensuring procedural safeguards for defendants and insulating employees from any possible abuse of the criminal justice system. This article attempts to look at all these issues from an Indian perspective.

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Patterson, Edwin C., and Robert N. Cross. "Recent Patenting Activity in Electrolytic Aluminium Production Technology." Materials Science Forum 618-619 (April 2009): 13–16. http://dx.doi.org/10.4028/www.scientific.net/msf.618-619.13.

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Companies and research organizations in the aluminium industry have a number of different strategies for protecting their new developments. Many research organizations have a patent focused strategy to facilitate commercialization of their new technologies. Conversely, primary aluminium producers tend to use patent protection more selectively, as they are able to use other Intellectual Property protection means such as trade secrets to protect their developments. This paper provides an overview of international patent publications from 1995 to 2008 in the field of electrolytic aluminium production and comments on perceived factors driving IP protection of these developments.

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Azevedo de Amorim, Ana Clara. "O regime jurídico dos segredos comerciais no novo Código da Propriedade Industrial." Revista Electrónica de Direito, no. 2 (June 2019): 11–41. http://dx.doi.org/10.24840/2182-9845_2019-0002_0002_.

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The new Industrial Property Code transposed the Trade Secrets Directive into the national legal system, creating an autonomous legal framework regarding unfair competition. Although the scope of application has been extended, according to the removal of competitive relationship, trade secrets protection is still based on a general clause related to honest commercial practices. The value dimension of the legal framework is also reinforced by the principle of proportionality, which is expressed in particular by the introduction of a relevance clause and by in the discretion assigned to the national courts to weigh a set of interests.

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Malinowska, Monika. "ZAKAZ KONKURENCJI PO USTANIU STOSUNKU PRACY A TAJEMNICA PRACODAWCY." Zeszyty Prawnicze 9, no. 1 (June 25, 2017): 255. http://dx.doi.org/10.21697/zp.2009.9.1.11.

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The Prohibition of Rivalry after Ending of Work Relation and Professional SecretSummaryThe prohibition of rivalry after ending work relations is becoming more and more popular instrument in polish economy used in various parts. Employees during doing their official duties have an access to miscellaneous information being more or less important to employer. An employer who doesn’t want to risk, signs an agreement of prohibition of rivalry with the employee, which bans him or her taking part in a competition activity during or after ending work relations.By signing the prohibition of rivalry the employer indirectly protects his professional secrets. Nevertheless, it’s neither main nor direct aim of this agreement. The prohibition of rivalry, according to the 1011 article of labor code, forbids taking competition activity against the employer or working for other subject. This prohibition can include not only period during work relation, but also determined time after ending of work relation as well, when the employee has an access to some crucial information, the leak of which could cause the damage to the employer (article 1011 of labor code). An employer drawing this agreement binds himself to pay a compensation to the employee for obeying the rules included in the agreement.A professional secret can be defined as a piece of information which leak could make the damage to the employer according to the 100 § 2 article of labor codex. It can be every information connected with employer’s activity which security is legitimized by his economic interest. The elementary duty of an employee is to keep such information in secret since breaking the duty of keeping it in discretion leads to punishments described in labor codex, including disciplinary dismissal. In case of causing any damage to the employer’s interest there is a compensative responsibility.Next step to explain the problem is an interpretation of the company’s secret, which is elucidated by act on elimination of unfair competition from 16.04.1993. This interpretation is important due to the fact that the legislator orders to the employee to obey the secrets of company in regards to other regulations (in article 100 § 2 point 4 of the labor codex). In accordance to the 11 article of this act, the secret of company is defined as information of technical, technological, information and organizational character which cannot be revealed to the public or any other information of economic value. In order to keep them in discretion a trader is obliged to take necessary actions, since they should guarantee the security of the secret and protect them from non-authorized people.The prohibition of rivalry after ending work relations wasn’t created directly to secure the secrets of the employer. Legislator clearly distinguished information considering the prohibition of rivalry from those considering the employer’s secrets. The agreement of the prohibition of rivalry leads only indirectly to protection of the employer’s secrets, because a legislator as a subject of prohibition didn’t indicate secrets, but a competition activity.A very important fact is that the agreement of the prohibition of rivalry is used also in these employments, where the employer is not the trader, but the not economically active object in a strict meaning. Besides, prohibition of rivalry is the agreement between both sides of employment, so the employer and the employee indicate the scope of duty on their own. A secret of the employer is protected in legislation in labor code, in act of elimination of unfair competition and other acts. Therefore the protection of both concepts is different and indicates that they are not the same as the employer who signs the prohibitions of rivalry after ending the work relation is protected anyway. The aim of prohibitions of rivalry is to protect fair competition, which is not preserved by other regulations. Employer doesn’t get ipso jure protection of information connected with fair competition which are not secrets. And this information is protected by the prohibition of rivalry after ending work relation.

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