CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION
The term “business secret” is one of many terms used in the language of law and the language of lawyers with reference to the information kept secret, concerning such a method of operation used in the activity of an enterprise which brings market success or at least gives hope for success. Despite t...
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| Format: | Article |
| Language: | English |
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University of Applied Sciences in Bielsko-Biała
2016-02-01
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| Series: | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
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| Online Access: | https://ssl.wsfip.edu.pl/index.php/asej/article/view/303 |
| _version_ | 1797246194634719232 |
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| author | Helena ŻAKOWSKA–HENZLER |
| author_facet | Helena ŻAKOWSKA–HENZLER |
| author_sort | Helena ŻAKOWSKA–HENZLER |
| collection | DOAJ |
| description | The term “business secret” is one of many terms used in the language of law and the language of lawyers with reference to the information kept secret, concerning such a method of operation used in the activity of an enterprise which brings market success or at least gives hope for success. Despite the expansion of the industrial property rights, that has been observed for decades, the importance of confidential information, referred to, among others as business secrets or trade secrets, is still growing and is accompanied by the development of the rules for their legal protection. Nowadays, many entrepreneurs treat confidentiality of information as a no less important factor, and often even more convenient for acquiring and maintaining market position than industrial property rights. An illustration and confirmation of the growing role of legal protection of confidential information may be, observed in recent years, the development of national legal regulations concerning this matter, while at the EU level the adoption in 2016 of the Directive 2016/943 on protection of secret know–how and confidential commercial information (an enterprise’s secret) against their unlawful acquisition, use and disclosure. The legal protection of trade secret is the subject of numerous discussions on various aspects of this issue. The paper is dedicated only to one of them – identification of information considered to be an enterprise’s protected secret and a model of this protection. In particular, the focus was on analyzing the compliance in this scope with the Polish law for the protection of business secret pursuant to the Act on Combating Unfair Competition with the Directive 2016/943. |
| first_indexed | 2024-04-24T19:38:56Z |
| format | Article |
| id | doaj.art-a98259cd77f64fa7933b3b354ec9ac21 |
| institution | Directory Open Access Journal |
| issn | 2543-9103 2543-411X |
| language | English |
| last_indexed | 2024-04-24T19:38:56Z |
| publishDate | 2016-02-01 |
| publisher | University of Applied Sciences in Bielsko-Biała |
| record_format | Article |
| series | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
| spelling | doaj.art-a98259cd77f64fa7933b3b354ec9ac212024-03-25T11:33:48ZengUniversity of Applied Sciences in Bielsko-BiałaZeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej2543-91032543-411X2016-02-01214CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTIONHelena ŻAKOWSKA–HENZLER0Bielsko-Biała School of Finance and LawThe term “business secret” is one of many terms used in the language of law and the language of lawyers with reference to the information kept secret, concerning such a method of operation used in the activity of an enterprise which brings market success or at least gives hope for success. Despite the expansion of the industrial property rights, that has been observed for decades, the importance of confidential information, referred to, among others as business secrets or trade secrets, is still growing and is accompanied by the development of the rules for their legal protection. Nowadays, many entrepreneurs treat confidentiality of information as a no less important factor, and often even more convenient for acquiring and maintaining market position than industrial property rights. An illustration and confirmation of the growing role of legal protection of confidential information may be, observed in recent years, the development of national legal regulations concerning this matter, while at the EU level the adoption in 2016 of the Directive 2016/943 on protection of secret know–how and confidential commercial information (an enterprise’s secret) against their unlawful acquisition, use and disclosure. The legal protection of trade secret is the subject of numerous discussions on various aspects of this issue. The paper is dedicated only to one of them – identification of information considered to be an enterprise’s protected secret and a model of this protection. In particular, the focus was on analyzing the compliance in this scope with the Polish law for the protection of business secret pursuant to the Act on Combating Unfair Competition with the Directive 2016/943. https://ssl.wsfip.edu.pl/index.php/asej/article/view/303business secretdirective 2016/943TRIPS Agreementunfair competitionconfidentiality |
| spellingShingle | Helena ŻAKOWSKA–HENZLER CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej business secret directive 2016/943 TRIPS Agreement unfair competition confidentiality |
| title | CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION |
| title_full | CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION |
| title_fullStr | CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION |
| title_full_unstemmed | CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION |
| title_short | CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION |
| title_sort | confidential business information definition and legal character of protection |
| topic | business secret directive 2016/943 TRIPS Agreement unfair competition confidentiality |
| url | https://ssl.wsfip.edu.pl/index.php/asej/article/view/303 |
| work_keys_str_mv | AT helenazakowskahenzler confidentialbusinessinformationdefinitionandlegalcharacterofprotection |