Commercial secret - the essence and methods of protection

Industrial espionage has always been one of the means of competition. Therefore, it is not surprising that in the entrepreneurial law developed a whole legislative institute - "Commercial secret." Receiving special protection, this sub-sector of law operates with special concepts, means of application and tools for defending confidentiality.

Entrepreneurial practice is always built on the receipt and redistribution of information, which also includes commercial secrets. This provision is due to the fact that competition consists in the rapid and effective search for the necessary information about the process of producing products or providing services, as well as access to a potential buyer. You can safely say that this is always information. However, what categories are included in the trade secret?

The first is the secrets of production, or (in the Western manner) know-how. Similarly, in certain scientific works (for example, in the theory of Prof. Pelikh AS) they are called technological and scientific and technical information.

The second is business information. This section includes plans for the development of the enterprise, the redistribution of financial flows, the results of marketing research, the formation of business reputation and ways to promote goods or services in the domestic or foreign market.

This approach is typical for the economic position. But jurists limit the list of things that can absorb commercial secrets. This provision implies the imposition of a ban on classifying the following information:

1. Documents that ensure the functioning of the enterprise (statutory documents, licenses, authorizations, list of persons who have the right to represent the interests of the enterprise without presenting a power of attorney, etc.).

2. Information reflecting employment in the enterprise, as well as the level of payments for work.

3. Documents on the impact of the production of goods and / or services on the environment.

4. Documents regulating the activities of state or municipal enterprises.

5. Information about the revealed and proven facts of violation of the legislation.

These provisions are regulated by Article 5 of the Federal Law "On Commercial Secrets".

Based on all of the above, it can be concluded that

Commercial secret is a person's right to refuse access to business and scientific and technological information of the enterprise to third parties, except in cases strictly regulated by law .

And, accordingly, if there is a right to refuse, then there must be a right to protection from unlawful infringements on the concealed information.

Protection of trade secrets

Speaking about the methods of its protection from illegal encroachments, lawyers traditionally distinguish two ways: extrajudicial and judicial.

The first method of protection is actually a combination of techniques, the use of which reduces the risk of obtaining information that is a trade secret.

The second method is aimed at eliminating the consequences of disclosure of closed business and scientific and technological information. The protection of trade secrets in this case is carried out by means of applying to the arbitration tribunal. In this case, a person injured by malicious acts may claim compensation for material damage, restore the existing situation or prohibit the dissemination of information, either explicitly or implicitly.

To summarize, it should be said that commercial secrecy is a special institution, the consideration and strengthening of which is the subject of a junction of the two sciences - economic and legal. Therefore, the development of legal protection of business and scientific and technological information plays an important role in the struggle for the consumer.