scholarly journals Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis

2020 ◽  
Vol 89 (2) ◽  
pp. 189-197
Author(s):  
L. D. Rudenko
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Trade Secret ◽  
Legal Analysis ◽  
Trade Secrets ◽  
Legal Regime ◽  
Industrial Property ◽  
Fair Competition ◽  
Stage Of Development ◽  
Utility Models

The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.

scholarly journals PATENTING OF SECRET INVENTIONS AND UTILITY MODELS AS A TOOL TO PROTECT THE NATIONAL INTERESSTS OF UKRAINE

2020 ◽  
Author(s):  
Михайло Вербенський ◽  
Світлана Филь
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Criminal Liability ◽  
Legal Protection ◽  
Industrial Property ◽  
Patent Owner ◽  
Technical Developments ◽  
Utility Models ◽  
Technical Solutions ◽  
State Secrets

The article examines the issues of legal protection of secret inventions and utility models in the context of protection of national interests of Ukraine. The national procedure for acquiring property rights to inventions and utility models established by the norms of the current national legislation is analyzed. Comparing the mechanism of legal protection of intellectual property rights to open and secret technical developments, the peculiarities of acquiring rights to secret inventions (utility models) and the use of rights to such industrial property are highlighted.Examining the procedure for acquiring property rights to secret technical solutions and their implementation, it was found that the patent as a tool for legal protection of technical developments containing information classified as state secrets, has its own legal regime that combines current legislation in the field of state secrets and intellectual property. It is emphasized that a patent for secret objects of industrial property is issued for a period, as well as for open 20 years for the invention and 10 years for the rat model, but their validity depends on the period of secrecy of these developments. The use of rights arising from a secret patent also has its limitations, in particular: the patent owner may not authorize other persons to exercise the rights to such secret inventionsand utility models without the permission of a state secret expert. It is noted that the state monetary compensation to the owner of patented secret technical solutions for the payment of fees for filing an application and maintaining the validity of a secret patent generally does not compensate the owner of classified developments for all costs and restrictions associated with the possible use of such patents. Considering the content of criminal liability for illegal use of rights to patented secret developments, it was found that such an offense gives rise to a set of crimes.

Comparative characteristics of trade secret in the legislation of foreign countries and in international law

2020 ◽  
Vol 4 (4) ◽  
pp. 135-149
Author(s):  
Vira Aliyeva-Baranovska ◽  
Olha Sirenko
Keyword(s):  
Positive Impact ◽  
Legal Protection ◽  
Trade Secret ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
International Treaties ◽  
Business Climate ◽  
Trade Secrets ◽  
Industrial Property ◽  
Foreign Countries

The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Organization of 1967 in terms of protection of trade secrets in order to improve national legislation in this area. It has been emphasized that the definition of trade secrets is similar in the Civil Code of Ukraine and in the TRIPS Agreement, which enshrines three criteria of trade secrets: secrecy, commercial value and taking adequate measures to ensure secrecy. It is noted that legal protection provides for and requires the owner of the commercial secrecy to take appropriate measures to ensure the protection of relevant information from unfair commercial use. Sometimes the misappropriation of a trade secret is the result of industrial espionage, when a person provides classified information to a competitor for monetary or other remuneration. The main provisions of the North American Free Trade Agreement (NAFTA) on trade secrets are analyzed in comparison with the EU legal system, according to which patent law provides additional incentives for the application of the commercial secrecy regime to protect confidential information. Four approaches to understanding this legal regime in the doctrine of Anglo-Saxon legal systems are analyzed: the theory of contractual obligation, the theory of fiduciary (trust) relations, the theory of misappropriation and the theory of unfair competition. It is concluded that the applied criteria for classifying information as a trade secret are similar, in relation to actions that are not appropriation of a trade secret, in particular, in relation to the ‘legalization’ of reverse development, which is relevant for the information technology industry. Ukraine has the prospect of including in its legislation an important legal act – the Law of Ukraine on Trade Secrets, which will have a positive impact on the business climate, promote investment attractiveness, and meet the needs of businesses and the state.

23. Trade Secrets

2019 ◽  
pp. 513-522
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Member States ◽  
Legal Rules ◽  
Know How ◽  
Business Information ◽  
Minimal Form ◽  
Definition Of ◽  
Trade Secret Protection

This chapter deals with the legal protection of trade secrets. Traditionally, trade secret protection was left to the national laws of Member States. These national regimes are rooted firmly in existing legal rules in the areas of unfair competition, tort, or breach of confidence. And there is also the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure”. The Directive seeks to impose on Member States a minimal form of harmonization and uniformity. It does not impose a (Community) right in relation to a trade secret, but it works with a common basic definition of a trade secret, the principle that there needs to be redress for the unlawful acquisition, use, or disclosure of a trade secret, and a catalogue of measures and remedies.

scholarly journals Perlindungan Pemilik Rahasia Dagang Dalam Perjanjian Waralaba

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Anik Tri Haryani
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Conceptual Approach ◽  
Legal Consequences ◽  
Research Show

Tight business competition requires creativity for entrepreneurs to stay competitive by seeking new breakthroughs in developing their businesses. Many franchise models are chosen to develop businesses. One of the criteria for franchising is the Intellectual Property Rights that have been registered including trade secrets. The purpose of this study is to examine the legal protection of trade secret owners in a franchise agreement, and legal consequences if there is a violation of trade secrets in the franchise agreement. The method used in this study is juridical normative with a law approach and conceptual approach. The results of the research show that the protection of trade secrets in the franchise agreement can be done by making an agreement which contains a confidential information, non disclosure agreement clause, a non compete agreement as well as a non solicitation agreement clause. Legal consequences in the event of a violation of trade secrets in the franchise agreement can be prosecuted civilly by paying compensation through a lawsuit to court or can be resolved through arbitration or alternative dispute resolution. In addition, it can also be prosecuted according to Article 17 paragraph (1) of Law Number 30 of 2000 concerning Trade Secrets with the penalty of imprisonment of a maximum of two years and a maximum fine of three hundred million rupiah.

scholarly journals Effect of the rights of intellectual property on the export revenuesFikri mülkiyet haklarının ihracat gelirleri üzerindeki etkisi

2016 ◽  
Vol 13 (1) ◽  
pp. 798
Author(s):  
Sedat Durmuşkaya ◽  
Ahmet Yağmur Ersoy
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Causal Relation ◽  
Trade Mark ◽  
Small Sample ◽  
Industrial Property ◽  
Data Set ◽  
Utility Models ◽  
To Come ◽  
The Relationship

Therise of export revenues in Turkey in the recent years, have been possible to come up with factors that effecting export at the same time and in a positive way. In addition to many studies that aimed which factors effect therise of export revenues and its direction, in this study, exportand the rights of intellectual property, in particular the causality relation of the rights of industrial property were investigated. Some of the industrial property rights of Industrial Design, Utility Model, Trade Mark and Patent aplicant numbers are used as a data set in the analysis in order to investigate this effect quantitatively. Toda-Yamamoto casuality process that particularly gives successful results in the small sample sets is used to reveal the existence of the relationship that mentioned. According to results by obtaining from analysis, while a causal relation was determined from industrial designs and aplicant number of utility models to export, bidirectional causality relation was identified between trademark applications and patent applications and export. This results reveal the importance of protection of intellectual property rights in a beterway to ensure more export growth. Özet Türkiye ihracat gelirlerinde son dönemlerde yaşanan artış, ihracata etki eden faktörlerin aynı anda ve olumlu bir şekilde bir araya gelmesi ile mümkün olmuştur. İhracat gelirlerinin artışına etki eden faktörlerin neler olduğuna ve ne yönde etkilediğine yönelik yapılan birçok çalışmaya ek olarak bu çalışmada, ihracat ve fikri mülkiyet hakları, özelde ise sınai mülkiyet hakların arasındaki nedensellik ilişkisi araştırılmıştır. Bu etkinin nicel olarak araştırılabilmesi için sınai mülkiyet haklarından olan Endüstriyel Tasarım, Faydalı Model, Marka ve Patent başvuru sayıları analizlerde veri seti olarak kullanılmıştır. Bahsedilen ilişkinin varlığını ortaya koyabilmek için özellikle küçük örneklem setlerinde başarılı sonuçlar veren Toda-Yamamoto nedensellik süreci kullanılmıştır. Yapılan analizlerden elde edilen sonuçlara göre, endüstriyel tasarım ve faydalı model başvuru sayılarından ihracat’a doğru bir nedensellik ilişkisi saptanırken, marka başvuruları ve patent başvuruları ile ihracat arasında çift yönlü nedensellik ilişkisi saptanmıştır. Bu sonuçlar daha çok ihracat artışı sağlamak için fikri mülkiyet haklarının daha iyi bir şekilde korunması gerektiğinin önemini ortaya koymaktadır.

scholarly journals LEGAL PROTECTION AND RESOLUTION OF BREACH IN TRADE SECRET Riki Andus Manulang

2018 ◽  
Author(s):  
Riki Andus Manulang
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Music Industry ◽  
Legal Protection ◽  
Business Community ◽  
Trade Secrets ◽  
The Government

As a developing country, Indonesia needs to strive for strong competition among the business community. This is in line with global conditions in the field of trade and investment. Such competitiveness has long been known in the Intellectual Property Rights (HAKI) system.The era of globalization, this is arguably one of the causes of intellectual property rights violations (IPR). Like a time bomb that can explode at any time and the explosion effect can be on everything around it. Progress in all sectors, especially in the fields of industry and trade, is one of the victims of globalization. The higher industrialization flows and trade flows demanded the accuracy and speed of transactions are in part. And of course there are many problems that arise in it, because in every positive case there is a negative side. For example, in the case of "Music Industry" (Music Industry), especially in the cassette / DVD / VCD trade, sometimes people who are positioned as consumers prefer prices that are relatively cheap rather than expensive. Although of course the expensive ones have higher quality.Some time ago, precisely in July 2012 as quoted in the sitejogja.okezone.com The Government through the Directorate of Investigation of the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights (HAM) handled 44 cases of intellectual property rights violations (HKI) per May 2012. The 44 cases are related to the IPR domain, namely cases of copyright, patent, brand, industrial design, and Trade Secrets violations. And according to the Investigation Director of the Ministry of Law and Human Rights, Mohammad Adri, said, of the 44 cases of violations of IPR, the most cases were cases of brand violations which reached 27 cases. The second most, cases of industrial design violations (7 cases) and copyright cases (4 cases). The remaining patent cases and trade secrets. Illegal or pirated computer software problems are found in copyright cases.Keywords: HakI, Trade.

Development of the intellectual property service in Ukraine on the example of the Institute of oilseed crops of the NAAS

2021 ◽  
pp. 137-145
Keyword(s):  
Intellectual Property ◽  
Scientific Research ◽  
Legal Protection ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
Industrial Property ◽  
Intellectual Activity ◽  
Oilseed Crops ◽  
Utility Models ◽  
The Creation

The history of development of industrial property of Ukraine, objects of intellectual property and relations which arise at their creation and use are considered. The main results of scientific research on the creation of intellectual property of the Institute of Oilseed Crops of the National Academy of Agrarian Sciences of Ukraine (hereinafter IOC NAAS) are highlighted and analyzed. The research was conducted as part of the ongoing monitoring of intellectual property legislation on the legal protection of research results of the IOC NAAS and as part of marketing and patent research to position the institution as an originator of oilseeds. The purpose of the research is to investigate changes in the legislation on industrial property of Ukraine, intellectual property objects and relations that arise during their creation and use, to analyze the main results of scientific research on the creation of intellectual property objects of IOC NAAS (2001–2020). In the process of research, for a detailed study of the stages of the formation of patent legislation, legislative and regulatory acts of Ukraine were used concerning the regulation of intellectual activity and intellectual property, materials from professional periodicals, articles and abstracts published in scientific collections and materials of scientific and practical conferences, Internet resources, monographs and printed works of scientists, manuals, patents and inventions for useful models of the IOC NAAS. Research methods – quantitative, qualitative and comparative analysis. Methodology – according to the algorithm of constant monitoring and conducting patent and marketing research. The term "intellectual property" was first used in the Convention Establishing the World Intellectual Property Organization (WIPO), adopted in Stockholm on July 14, 1967, and since then the term has been used in international conventions and legislation in many countries. The day of the adoption of the Law of Ukraine «On Property» in 1991 is considered to be the beginning of the formation of the legislation of Ukraine on intellectual property. This law for the first time recognized the results of intellectual activity as objects of property rights. At present, ensuring the implementation of state policy in the field of protection of rights to inventions and utility models in Ukraine is provided by the Ukrainian Institute of Intellectual Property (Ukrpatent) and belongs to the Ministry of Economic Development of Ukraine. IOC NAAS – a leading scientific institution in genetics, biotechnology, breeding and cultivation of basic and niche oilseeds, which focuses on the development of theoretical foundations of breeding, creation of modern breeding material, development of optimal agricultural techniques for its cultivation, organization of primary and industrial seed production, for the development and improvement of technical means and machines for separation, purification and waste-free processing of oilseeds. During the existence of the IOC NAAS, scientists have created 87 objects of patent law. The novelty and originality of scientific developments are confirmed by patents for inventions and utility models. At the time of writing, the Institute supports 23 patents.

scholarly journals QUIS HAKI BAHASA INGGRIS

2018 ◽  
Author(s):  
Rudiyanto
Keyword(s):  
Economic Value ◽  
Legal Protection ◽  
Field Research ◽  
Trade Secret ◽  
Essential Factor ◽  
Trade Secrets ◽  
The Public ◽  
Business People ◽  
Absolute Requirement ◽  
Economic Standpoint

Trade Secret is information that is not known by the public in the field of technology and / or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the Trade Secret. If a leak occurs, it will harm the company, so viewed from a legal and economic standpoint, Trade Secrets are an essential factor for the development of the company. Therefore, legal protection against Trade Secrets is an absolute requirement and is a very important factor especially to prevent unfair business competition from other business people. The research method uses an empirical juridical method, namely by conducting field research to obtain an overview relating to legal protection of trade secrets.

scholarly journals INTELLECTUAL PROPERTY RIGHTS (IPR) ASPECT IN THE FRANCHISE BUSINESS FORMAT

2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Trade Secrets ◽  
The World ◽  
The Government

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.

scholarly journals TRADE SECRETS OF PATENT

2018 ◽  
Author(s):  
Rudiyanto
Keyword(s):  
Economic Value ◽  
Legal Protection ◽  
Field Research ◽  
Trade Secret ◽  
Essential Factor ◽  
Trade Secrets ◽  
The Public ◽  
Business People ◽  
Absolute Requirement ◽  
Economic Standpoint

Trade Secret is information that is not known by the public in the field of technology and / or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the Trade Secret. If a leak occurs, it will harm the company, so viewed from a legal and economic standpoint, Trade Secrets are an essential factor for the development of the company. Therefore, legal protection against Trade Secrets is an absolute requirement and is a very important factor especially to prevent unfair business competition from other business people. The research method uses an empirical juridical method, namely by conducting field research to obtain an overview relating to legal protection of trade secrets.

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