Table of contents (expand)
- Information law as a branch of law
- Concept and types of information: documented and undocumented information
- Informational resources
- Classification of information resources
- Information Systems
- The subject of information and legal regulation
- Methods of information and legal regulation
- State policy in the field of formation of the information society
- International nature of information law
- Legal regime of trade secrets
- Information law system
- Correlation between information law and related branches of law
- The concept and types of sources of information law
- Principles of information law
- Information norm: concept, features, types
- Information legal relations
- Information legal relations arising from the search, receipt and consumption of information, information resources, information products, information services
- Information legal relations arising from the production, transfer and dissemination of information, information resources, information products, information services
- Information legal relations arising from the creation and application of information systems, their networks, means of ensuring and information security mechanisms
- The right to search for and receive documented information from state information resources
- Access to the information. Request
- Protection of the right to information. Responsibility for violation of the right to access to information
- The concept and types of subjects of information law
- Information Security
- Methods for ensuring information security of the Russian Federation
- Organizational basis of the information security system of the Russian Federation
- Information property
- Model of civil circulation of information
- Subjects of information legal relations in the civil circulation of information
- Intellectual property
- Official and professional secrets
- Legal regime of documented information
- Documented information with restricted access
- Mandatory copy of a document as a type of documented information
- Retention of the obligatory free federal copy
- Documented information in international information exchange
- Legal regulation of information relations in the production and distribution of computer programs and databases
- State secret as an object withdrawn from civil circulation
- The order of creation and application of information systems and their networks. Communication information systems: Internet, e-mail, digital communications, etc.
- Patent
- Know-how
- Media
- Institutions and editions
- Commercial and banking secrecy
- Legal status of a journalist
- Duties of a journalist
- Interstate cooperation in the field of mass media
- Responsibility for violation of the legislation on mass media
- Abuse of freedom of the media
- Intraorganizational management using information technology
- Protection of rights to trade secrets
- Legal regime of information systems, information technologies and means of their support
- The order of development and implementation of information systems, technologies and means of support
- State policy in the field of creation of information systems, information technologies and means of their support
- Personal Information
- Subjects and objects of information legal relations
- State regulation of work with personal data
- Commissioner for the Rights of Personal Data Subjects
- Legal status of the authorized
- Legal regulation of relations in the field of communications and telecommunications
- State administration in the field of communications
- Constitutional right to communication
- Copyright and related rights
- Copyright agreement
- State support for the media
- Administrative offenses in the field of communications and information
- Legal regulation of information relations in the production and distribution of topologies of integrated circuits
- Subjects and objects of information legal relations in the field of state secrets
- Classification of information as a state secret and its classification
- Protection of state secrets
- Features of information legal relations on the Internet
- The scope of the right to search, receive and consume information on the Internet
- The main directions of legal regulation of information relations on the Internet
- SPS "Consultant Plus"
- SPS "Garant"
- Legal meaning of electronic signature
- Legal regulation of the information sphere abroad
- Information security of the individual
- Information war. Information weapon
- Economic and legal aspects of librarianship
- Archival business
- The order of access to archival funds and the use of archival documents
- Publication of regulatory legal acts in the media
- Advertising
- Legal regime of archives
- State administration of archives in the Russian Federation
- Responsibilities of the state in the field of librarianship
- Special conditions for the preservation and use of the cultural heritage of the peoples of the Russian Federation in the field of librarianship
- Librarianship
- The rights of citizens in the field of librarianship
10. LEGAL REGIME OF COMMERCIAL SECRET
Establishment of a trade secret regime
The owner of the trade secret has the right to establish a trade secret regime. A trade secret confidant is obliged to establish a trade secret regime if this follows from the obligations contained in the contract concluded with the owner of the trade secret. In other cases, the trade secret confidant is obliged to comply with the trade secret regime established by its owner. In this case, the information carrier or the accompanying document shall be labeled "Commercial secret".
The person establishing the trade secret regime independently determines the criteria for classifying information as a trade secret, the term of the trade secret regime and a set of measures to ensure the trade secret regime in relation to the information received, including setting and declassifying a trade secret, the procedure for accessing a trade secret, selection and use of means and methods of protection, storage and transmission of information constituting a trade secret.
Mandatory measure to ensure the trade secret regime is the conclusion of confidentiality agreements or other agreements confirming the obligation not to disclose trade secrets.
Additional measures to ensure the trade secret regime are established by the owner and confidant of a trade secret at their own discretion. Additional measures may include the establishment of a special procedure for access to information constituting a trade secret, affixing a special stamp on documents containing the specified information, limiting the circle of individuals who have access to the specified information.
Trade secret owner has the right to change or cancel the trade secret regime, if this does not violate the obligations assumed by him when concluding a confidentiality agreement or other agreements. When changing or canceling the trade secret regime, the owner of the trade secret is obliged to notify in writing the trade secret confidant with whom there is an appropriate agreement.
Upon liquidation of a legal entity - the owner of a trade secret, the liquidation commission (liquidator) decides on the possibility and procedure for the further use and protection of information constituting a trade secret of the liquidated legal entity.
A trade secret received from its owner on the basis of an agreement or as a result of legal succession is considered to have been received lawfully. Information obtained without the use of unlawful means during research on one's own initiative, systematic observation and collection of information is considered to be obtained lawfully and independently, regardless of the fact that the content of this information may coincide with the content of another person's trade secret.
A person who legally and independently received information that is simultaneously a commercial secret of another person becomes the owner of a commercial secret with all the rights provided for by law.
Author: Yakubenko N.O.
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