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Коммерческое право. Сведения, составляющие коммерческую тайну (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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52. TRADE SECRET INFORMATION

Many entrepreneurs don't appreciate the fact that trade secret - this is the confidentiality of information organized in a certain way, allowing its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits if the entrepreneur has taken organizational and legal measures to fix and protect it .

Information constituting a trade secret - scientific, technical, technological, production, financial, economic, organizational, managerial, trade and other information with the following characteristics:

1) authenticity;

2) sufficiency for commercial use;

3) actual or potential commercial value due to the unknown information to third parties;

4) there is no free access to this information on a legal basis;

5) the owner has established a trade secret regime.

Thus, the participants create a special regime for the protection of commercial information in their contract. Such important information for an entrepreneur as scientific works, technical, technological solutions, non-patent inventions, computer programs, a card file of suppliers (consumers), information revealing the tactics of negotiating, terms of transactions (price levels, discounts, etc.) will receive legal protection. ), various competitive materials, commercial secrets (sales volume, customers, production costs, etc.), organizational secrets (divisional structure, operations, management decisions), business ties (relationships with partners).

Often, participants in contractual relations include in the list of confidential information oral, i.e., information not recorded on material carriers (for example, preliminary conditions of transactions expressed at negotiations, meetings, marketing offers), which, from the point of view of its protection, looks doubtful and undermines the value of the agreement in in general.

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