LEGAL REGIME OF TRADE SECRETS IN THE AGREEMENT ON TRADE ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)
DOI:
https://doi.org/10.52026/1994-408X_2020_63_5_196Keywords:
trade secrets, know-how, manufacturing and business secrets, undisclosed information, unfair competition, confidentiality, legal protection of trade secretsсAbstract
The international legal protection of trade secrets was established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Before the TRIPS Agreement, there was no mention of trade secrets in any international agreements. The TRIPS Agreement has different effects on the national law of countries. In some countries the implemented norms are declarative in nature, in other countries they have led to significant changes in the field of protection of trade secrets.The specifics of the legal protection of trade secrets are defined in Article 39 of the TRIPS Agreement "Protection of Undisclosed Information", provided the protection of trade secrets and data submitted to government agencies. This article addresses the issues of the legal regime of trade secrets, established by Articles 39.1 and 39.2 of the TRIPS Agreement. The issues of undisclosed test data are left aside due to the special legal regime that requires separate consideration.The purpose of the article is to define the legal regime of trade secrets in the TRIPS Agreement. The content of the article includes issues regarding the history of negotiations on Article 39, the legal nature of trade secrets; the concept of trade secrets and the conditions for its protection. Based on the results obtained, conclusions are formulated.