Intellectual Property Protection
What is the difference between commercial secrecy and state secrets?
Information constituting state secrets, according to the law of the United States "On State Secrets" are established by the appropriate list, which is reviewed at least every five years, and classified according to the degree of secrecy into three categories: information of special importance, top secret and simply secret.
The period of secrecy of information constituting a state secret must not exceed 30 years.
To information of particular importance refers to information whose disclosure will damage the interests of the United States in one or more areas: military, foreign policy, economic, intelligence, counterintelligence and operational-search activity.
To top secret are information from the same areas, the disclosure of which will damage the interests of one department or one branch of the economy.
To secret belong to all other information constituting a state secret.
In exceptional cases, this period may be extended by the conclusion of the Interdepartmental Commission (MVK) for the protection of state secrets.
On documents transmitted to foreign partners, the abbreviation KT not specified.
Another difference is that the state secret is subject to protection by the relevant authorities on the part of the state, and the commercial secret is the security service of the enterprise. It should be borne in mind, however, that commercial secrets can be state secrets, but state secrets can not be a trade secret, because otherwise there would be trade in public interests.
In everyday life, commercial secrets always appear in the form of trade secrets. Proceeding from the foregoing, let's try to define commercial secrets and commercial secret.
The obligation to disclose commercial secrets is effective for three years after the termination of the employee, unless another term is established by the employment contract (clause 3, part 3 of Article 11 of the US Federal Law "On Trade Secrets").
A commercial secret arises when it is of interest to commerce.
In the United States, the FRG, the PRC and several other countries, the protection of trade secrets is based on the relevant legal framework. At the same time, the main role in ensuring its safety is played by the firms themselves, and not by state bodies. An exception to the rules is Japan: there are no regulations that provide for liability for disclosure of trade secrets. The control over compliance with the secrecy regime is based on the Employee Code of Conduct and is assigned to the personnel department of the firm. This is due to the inherent in Japan only system of "lifetime recruitment" and educating the employees of a sense of paternalism, when they consider themselves to be members of the same family. President of the company Sony Akio Morita claims that when there is no devotion, there is no way to end the information leaks and thefts that business in the West is daily afflicted with.
World practice shows that the loss of 20% of information leads to the ruin of the company in 60 cases out of 100. To prevent this, it is necessary to transfer such information to the category of protected one. At us it becomes the order of the head of the enterprise or firm in which the data concerning to a trade secret are listed. However, he does not have the right to attribute information classified as state secrets to it, as well as information about the activities of the company, as this can lead to concealment of facts about environmental pollution and other negative activities that can cause damage to society.
A trade secret is associated with such a thing as "intellectual property", which in the broadest sense of the term can be defined as commercially valuable ideas. Necessarily, that it was something new, the main thing that the information did not belong to the number of the well-known.
Intellectual property has not only the real value, which includes the costs of obtaining information and its protection, but also the potential cost (the possible profit in its implementation). Possible sources of leakage of intellectual property may be congresses, conferences, symposia, trade and industry exhibitions.
There are three generally accepted methods for protecting intellectual property.
1. The patent formalizes the right of the inventor "to legitimately monopolize" use of the invention for a certain time. A patent is a way to protect industrial, not commercial, information.
2. Copyright protects only the form in which a specific idea is expressed, and not the idea itself. The original thoughts contained in books and scientific articles, after they are read, belong to everyone, they can be used freely, but it is necessary to make references to a specific author.
3. Commercial secrets as a form of intellectual property in our country are far from fully covered by legal regulation, therefore other protection measures (moral and ethical, administrative measures, physical measures of protection, technical security systems, cryptographic methods, employment-firing contracts) are of great importance.
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