Legal landscape of trade secret protection: Ukrainian-European aspect

Abstract

The article is devoted to commercial secrets as a special object of intellectual property. The authors of the article conducted a comprehensive analysis of the current legal framework and problems related to the protection of trade secrets, focusing on the complexities associated with the protection of trade secrets in various jurisdictions, including Germany, France, United Kingdom and Ukraine.The authors found that as technology advances at an unprecedented rate, it becomes increasingly difficult for companies to protect their intellectual property from being stolen or used by competitors or employees seeking personal gain. Thus, there is an urgent need to strengthen laws and mechanisms to ensure effective protection of trade secrets. The authors make this point in their paper, noting how weak regulation can stifle innovation by preventing companies from investing in research and development out of fear that their ideas could be stolen.The analyzed regulatory framework and case law provided an understanding of the legal landscape related to the protection of trade secrets. The research process included a critical evaluation of each law to ensure its relevance and effectiveness.The article also sheds light on the challenges countries face in implementing effective trade secret protection policies. One of them is the lack of awareness among stakeholders about the importance of protecting intellectual property rights and the limited resources allocated to ensure compliance. It is possible to solve this problem by strengthening the current laws related to the protection of commercial secrets, or adopting new, more effective ones.In addition, there is an urgent need for international cooperation between governments to develop strong safeguards against misappropriation of trade secrets.The authors emphasize that the use of alternative dispute resolution methods beyond traditional ones (judicial, administrative) could provide more effective means of resolving conflicts between parties regarding the appropriation, distribution, and use of trade secrets.