Unfair competition and competitive intelligence: problems of qualification

Abstract

The article deals with the problems of legal qualification of the forms of behavior of economic entities known under the literary names of competitive intelligence and industrial espionage.An analysis of the current Russian legislation shows that in the domestic legal space there are no independent legal concepts of competitive intelligence, as well as industrial espionage. However, both the first and the second take place at the level of actual In order to establish their relationship with the legal concept of unfair competition, a model is proposed, which is based on an objective criterion for the availability of information transmitted, collected or stored for the purpose of transmission. According to this approach, all the specified information can be in three independent modes: public mode, confidentiality mode (limited access mode), secrecy mode (special access mode).Each of these modes can be characterized in terms of the presence or absence of access to various kinds of information resources allowed by the owner of the relevant information.In addition, the article contains critical assessments of certain norms of the current legislation and the position of individual specialists in the field of competitive intelligence.