Information law. Protection of rights to trade secrets (most important)

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Information law. Protection of rights to trade secrets (most important)

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51. PROTECTION OF RIGHTS TO COMMERCIAL SECRET

Liability for violation of trade secret rights. Violation of rights to a trade secret entails disciplinary, administrative, civil, and criminal liability in accordance with the legislation of the Russian Federation.

A person who, due to labor relations with the owner of a trade secret - an employer, has become aware of a trade secret, in the event of intentional or careless disclosure of trade secrets in the absence of corpus delicti in the actions of such a person, shall bear disciplinary or civil liability in accordance with the legislation of the Russian Federation.

State authorities, other state bodies and local self-government bodies shall bear civil liability to the owner of a commercial secret for the disclosure or misuse of a commercial secret by officials of such bodies who became aware of it in connection with the performance of their official duties.

A person who used a trade secret and did not have sufficient grounds to consider the use of this information illegal, including those who gained access to it as a result of an accident or mistake, cannot be held liable. At the request of the owner of a commercial secret, such a person is obliged to take measures to protect the commercial secret. If such a person refuses to assume the obligation of non-disclosure of commercial secrets, the owner of the commercial secret has the right to demand protection of his rights in court.

A person who provided another person with a commercial secret and misled him about the legality of his actions is held liable in accordance with the legislation of the Russian Federation.

Failure to comply with the legal requirements of officials of state authorities, other state bodies or local governments for access to commercial secrets, as well as obstruction of the exercise by these officials of their official duties, entails administrative liability in accordance with the legislation of the Russian Federation.

Protection of rights to trade secrets. Disputes about violation of the rights to commercial secrets are considered by the court, arbitration court or arbitration court.

The owner of a trade secret independently determines the ways to protect his rights to a trade secret and has the right to demand:

▪ recognition of the owner’s rights to a trade secret;

▪ suppression of actions that violate the trade secret regime or create a threat of its violation;

▪ compensation for losses caused by disclosure or misuse of trade secrets;

▪ payment of compensation in the amount of 50 to 50 thousand minimum wages established by federal law, at the discretion of the court if it is impossible to determine the amount of damages due to a violation of rights to a trade secret;

▪ concluding a license agreement or an agreement on the transfer of know-how, subject to the conditions specified by law, and in the event of actual use of the know-how by a third party in their own interests;

▪ adopting other measures provided for by law and ensuring the protection of his rights to trade secrets.

Unless otherwise established by an agreement between the owner and the confidant of a trade secret, the confidant independently determines the ways to protect the rights to a trade secret transferred to him by the owner of a trade secret under such an agreement.

Author: Yakubenko N.O.

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