Trade Secrets Legal Practice In EU & World

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Although the secrets of the production are recognised as an effective remedy for the economic interests of entrepreneurs and applied from the times of Roman law (to take at least medieval sailors generously inhabited their memories and maps of various sea monsters will protect a comfortable way to the islands with spices or other treasures), for all that still lack a common understanding and harmonised regulation.

With respect to trade secrets a variety of terms is used production/technical/commercial secrets, confidential/classified information, commercial/official secrets, know-how and some other (we will use these terms as synonyms, unless otherwise indicated). There is no consistent understanding of their legal role and content. Neither there is clarity about whether the secrets can be considered to be intellectual property. Therefore, at the level of individual countries the approaches are significantly different. Take for example a Russian law, which in recent years has expanded the regulation of objects considered as commercial (official) secrets, then switched to production of secrets (know-how) and trade secrets relegating to the level of a simple mode of use.

This burden is oftentimes delegated to special departments or contracting agencies, which overwhelmingly depends on the type of business. Research and innovation companies prefer to gather production and legal forces under one roof. Thus, e.g. Manchester University has created a separate branch, UMIP, to deal with intellectual property aspects and maintain commercialisation.

The lack of uniformity in international law

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