The Economic and Legal Aspects of the Protection of Commercial Secrets in Ukraine

Abstract

The article is aimed at substantiating the need to protect commercial secrets, analyzing the economic and legal consequences of violating a commercial secret, developing proposals for improving the legal regulation of relations connected with the protection of commercial secrets based on a comprehensive analysis of current legislation. It is determined that protection of the right to a commercial secret provides for the application of appropriate legal, organizational, technical measures that create conditions for exercise of the subjective right to a commercial secret. Moreover, the general criteria for commercial secrets protection is be using of such measures as special clerical work, marking of documents containing commercially valuable information, cryptographic means of protection, and insurance against the risk of disclosing. We consider it expedient to refine and adopt the Law of Ukraine «On Commercial Secrets». Additionally, all security measures that apply to commercial secrets are developed today at the local level and are applied directly by persons, employed by enterprise, who define information that constitutes a trade secret.

Keywords

• commercial secret
• protect ability
• confidential information
• legal protection
• unfair competition