Commercial Secrets Research Articles

Legal landscape of trade secret protection: Ukrainian-European aspect

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.

Open Science and Intellectual Property

The article examines the peculiarities of the protection of IP, confidential information in the framework of open science in the European Union and Ukraine. It is noted that a number of issues need to be resolved both at the level of legislation and in the practice of work of state authorities, research institutions and universities, including introduction of open access licenses; determination of legal mechanisms for the transfer of electronic copies of scientific articles, scientific reports, data for open access with ensuring copyright protection and protection of confidential information and commercial secrets regarding patentable technical solutions, know-how; the law amendments defining the definition of “data”, “open science”, etc. in accordance with Directive (EU) 2019/1024 and other EU acts.

The role of customs brokers in Ukrainian business

The analysis of the regulatory and legal bases of the activity of customs brokers allows us to state that the constitutional and codified level of regulation of the activities of enterprises that provide intermediary services in the field of customs affairs is represented by general regulatory acts, that is, those that are intended for all subjects of entrepreneurial activity and that determine their legal status without taking into account individual features. After all, the interests of businessmen at customs are usually represented by customs brokers, so most often it is between brokers and customs that controversial issues arise, so the analysis of the status of a customs broker requires a detailed study.
 As for special regulatory acts that reflect the peculiarities of the legal status of customs brokers and customs carriers, they are presented at the sub-legal level. The requirements for customs brokers, their rights, and the main duties of a customs broker and the specifics of functioning in the conditions of changing legislation, especially after a full-scale invasion, which prompted a reassessment of export-import relations and the work of customs in general, were also revealed. The responsibility of customs brokers in case of their violation of the requirement to disclose information and commercial secrets was also investigated.
 The status of a customs broker is varied. In addition to being an intermediary between the exporter or importer and the government institution, broker also performs the tasks of preparing, signing and submitting documents, classifying or evaluating things, calculating and paying customs duties, registering exports, import permits, preparing and issuing certificates, advising on export and import regulations and procedures, verifying transactions to ensure compliance.
 The customs broker is also responsible for product categorization, analysis and information on pricing or cost structure for exports and imports, assistance in choosing the mode of transport that will be used for the delivery of things, downtime control, onward shipment, conclusion of insurance contracts, etc. The customs broker is in charge of obtaining a refund or duty drawback in the case of an overpayment or other miscalculation. broker can execute the needed activities and guide through the procedure to obtain tax benefits and avoid incurring fines due to procedural errors.

Development of Machine Learning Based Flight Price Prediction System for Indian Market

Abstract: Airlines usually keep their price strategies as commercial secrets and information is always asymmetric, it is difficult for ordinary customers to estimate future flight price changes. However, a reasonable prediction can help customers make decisions when to buy air tickets for a lower price. Flight price prediction can be regarded as a typical time series prediction problem. When you give customers a device that can help them save some money, they will pay you back with loyalty, which is priceless. Considering the features such as departure time, the number of days left for departure and time of the day it will give the best time to buy the ticket. Features are extracted from the collected data to apply Random Forest Machine Learning (ML) model. Then using this information, we are intended to build a system that can help buyers whether to buy a ticket or not. We have used Random Forest Algorithm which is a popular machine learning algorithm that belongs to the supervised learning technique. It can be used for both Classification and Regression problems in ML. It is based on the concept of ensemble learning, which is a process of combining multiple classifiers to solve a complex problem and to improve the performance of the model. With that said, random forests are a strong modelling technique and much more robust than a single decision tree. They aggregate many decision trees to limit over fitting as well as error due to bias and therefore yield useful results. Random forests are a combination of tree predictors such that each tree depends on the values of a random vector sampled independently and with the same distribution for all trees in the forest. The generalization error of a forest of tree classifiers depends on the strength of the individual trees in the forest and the correlation between them.

Theoretical and Legal Principles of Commercial Secrets Protection from Industrial Espionage

The scientific article is devoted to the study of the concept of «commercial secret», which acts as a process or tool for constant using in business operations; and it is an important component for the economic system functioning. First of all, these are technical and technological secrets of production. A n effective enterprise can protect against loosing commercial secrecy, for instance, by adoption non-disclosure contracts or taking security measures against commercial partners. In particular, small and medium-sized enterprises possibly will not be aware of the risks as their activities grow, and should form an effective commercial secrecy management program and take actions to defend the commercial secrets from illegal appropriation, which is manifested in the form of direct theft or industrial espionage. The purpose of the scientific article is to carry out a theoretical and legal analysis of the commercial secrecy protection from industrial espionage in Ukraine. As a result of the study, the system of legal support of commercial secrecy in Ukraine is characterized, the main goals of industrial spies that are encroached on commercial secrets are defined, the peculiarities of protecting commercial secrets from industrial espionage are investigated, and accordingly, the conclusions are formulated and the recommendations to improve the system commercial secrecy are made. In this article, the emphasis is made on the definition of commercial secrecy as intellectual property, which is the object of encroachment of industrial spies. At the same time, it is concluded that the misuse of such information (by persons, except the commercial secret owner) is considered as an unfair competition and can be protected in court. Depending on the legal system, the protection of commercial secrecy is incorporated into the general concept of protection against unfair competition or provided by by specific provisions on trust information protection in civil or criminal law.

КОМЕРЦІЙНА ТАЄМНИЦЯ В СИСТЕМІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СУТНІСНИЙ КОНТЕКСТ

Background. In the conditions of the formation of the knowledge economy, the intensification of innovative development, the strengthening of globalization processes, and the active spread of information and communication technologies, the importance of commercial secrets as a tool for ensuring the competitive advantages of organizations increases. The purpose of the study is to promote a comprehensive understanding of commercial secrets to understand their place in the intellectual property portfolio of modern companies and to make effective decisions regarding their effective use and reproduction. The object of research. The article is devoted to revealing the essence of a commercial secret, clarifying its meaningful characteristics and place in the organization's intellectual property system. Methods. Achieving the goal of scientific research relies on the use of a wide arsenal of methods: abstraction, scientific description, theoretical generalization, induction, and deduction to substantiate the meaning, reveal the essence of a commercial secret, clarify its meaningful characteristics, and compare it with other categories; a dialectical combination of the general and the special to highlight the signs of a commercial secret; decomposition, structuring for the selection of types of commercial secrets, determination of directions for their systematization. Results. Approaches to comparing commercial secrets with confidential information and know-how are presented in the literature. Various interpretations of the essence of a commercial secret have been studied, in particular, in the context of its belonging to the intellectual property system. Considerable attention is paid to defining the features of a commercial secret through the lens of a dialectical combination of the general and the special. The general features of a commercial secret due to its primary informational nature are given; specific features as an object of intellectual property are highlighted. The types of commercial secrets were studied, and the vectors of their systematization and concretization in the practice of organizations were proposed. Conclusions. It is asserted that commercial secrets are classified as objects of intellectual property rights; considered the right to commercial secrecy as a type of intellectual property rights. An extended interpretation of the commercial secret is given, taking into account the totality of its features and a wide range of possible types as a methodological aspect of the formation of practical tools for the management of commercial secrets of organizations.

К проблемам дальнейшего совершенствования Главы 22 Уголовного кодекса Российской Федерации

The article analyzes the changes to Chapter 22 of the Criminal Code of the Russian Federation on the basis of the Federal Laws of the Russian Federation No. 215-FZ of June 11, 2021, No. 216-FZ of June 11, 2021, No. 241-FZ of July 1, 2021, No. 248-FZ of July 01, 2021, No. 262-FZ of July 1, 2021, and No. 293-FZ of July 01, 2021. It has been established that the changes introduced by these Laws are not enough to improve the Chapter in full. After the introduction of the indicated changes, Chapter 22 of the Criminal Code of the Russian Federation was supplemented with a new law - Article 171.5, which provides for liability for “illegal provision of consumer loans”, which indicates the “expansion” of criminal law interference in the sphere of economic activity. The “expansion” was to eliminate the legislative gap in this Chapter. The changes also “expanded” the scope of Article 183 of the Criminal Code of the Russian Federation, since its new edition provides for liability for a greater number of criminally punishable methods of obtaining tax, banking and commercial secrets, like blackmail, deceit, and coercion. Moreover, the indicated changes “expanded” the scope of Articles 195 and 196 of the Criminal Code of the Russian Federation. Their new editions determine the qualifying signs of committing criminal bankruptcies. Besides, the scopes of application of other norms that make up Chapter 22 of the Criminal Code of the Russian Federation have also been “expanded” - for example, the new version of Article 194 of the Criminal Code of the Russian Federation, along with evasion from paying customs duties, establishes liability for evading payment of special, anti-dumping and / or countervailing duties. In the new wording of Article 172.1 of the Criminal Code of the Russian Federation, liability for forging financial accounting and reporting documents has been extended to foreign insurance companies operating in the Russian Federation. The new version of Article 171.1 of the Criminal Code of the Russian Federation also provides for liability for the use of knowingly counterfeit means of identification for marking goods. However, the author has analysed the shortcomings of the legislative structure of Article 191 of the Criminal Code of the Russian Federation and concluded that, despite all those changes, there are still problems of further improvement of Chapter 22. Having analysed the rest of Chapter 22 of the Criminal Code of the Russian Federation using the comparative and analytical method, the author argues that out of 60 provisions that make up Chapter 22 of the Criminal Code of the Russian Federation, only 12 of them are applied. The remaining 48 provisions are practically inapplicable. Moreover, there is a significant legislative gap in this Chapter, since there are no provisions providing for criminal liability for committing crimes of a raider nature. Some of the provisions are varieties of acts that do not constitute an encroachment on social relations in the field of economic activity. Thus, further improvement of Chapter 22 of the Criminal Code of the Russian Federation requires, on the one hand, the formation of a range of acts that, by their legal nature, are attacks on business and competition relations. This range of acts can be formed through both the criminalization of new acts, which are criminal attacks on these relations, and the decriminalization of acts, the fight against which is possible with less repressive, non-criminal measures, as well as acts that are not attacks on these relations. On the other hand, the problems can be solved by the “transfer” of individual acts prohibited by Chapter 22, which are crimes of minor gravity, into the category of criminal offenses. In the future, Chapter 22 may also include new laws, which would provide for criminal liability for committing crimes of minor gravity.

PRACTICAL APPROACHES TO ORGANIZING SECURE DATA TRANSFER VIA TLS PROTOCOL USING OPENSSL MEANS

Information protection during message transmission is one of the most important tasks in the modern world. The workstations of a particular organization can be well protected using different software and hardware means, but when information is transferred to an open unprotected space, there is a high probability of data leakage, interception, and substitution. In most cases, the use of insufficiently effective security measures causes the loss of personal data of citizens, data of an enterprise or organization that is a commercial secret, information with limited access or even state secrets of the critical infrastructure sector. In this case, it is considered appropriate to use modern cryptographic methods to organize secure data transmission. Considering the ever-growing statistics of cyberattacks on information and telecommunication networks, after in-depth analysis and development of this issue, the authors of the article highlighted the current directions of protection of information and telecommunication networks and security solutions in information and telecommunication networks. The authors have comprehensively covered and investigated the basic principles of the modern state of data transmission security and the organization of information protection during its transmission using the TLS protocol, which made it possible to determine the directions for solving or modernizing existing information security means. Also, attention is paid to the development of a software implementation of the module for secure data transmission in the information and telecommunications network using the improved TLS protocol by means of OpenSSL, which made it possible to establish connections using digital signature algorithms. The authors are planning a series of scientific and technical solutions for the development and implementation of effective cryptographic methods to ensure the security of information and telecommunications networks

ТЕОРЕТИКО-КОНЦЕПТУАЛЬНІ ЗАСАДИ ФОРМУВАННЯ СИСТЕМИ ЕКОНОМІЧНОЇ БЕЗПЕКИ ПІДПРИЄМСТВ В КОНКУРЕНТНИХ УМОВАХ

The purpose of the study is to substantiate the theoretical and conceptual foundations of the formation of the economic security system of the enterprise in competitive conditions. It is substantiated that the system of economic security of the enterprise involves ensuring its protection in the process of interaction with the subjects of the surrounding environment, as well as identifying new opportunities for the development of the enterprise in competitive conditions. The economic security of the enterprise is related to its competitiveness. One of the goals of the enterprise’s economic security system is to ensure the development and preservation of competitive advantage, which allows the enterprise to occupy a strong position in the market, withstand competition and attract customers. The economic security of the enterprise involves its sustainable development, in particular, it involves the planning and implementation of long-term strategies that allow the enterprise to adapt to changes in the economic environment, develop and increase its efficiency, as well as identify new business opportunities. It was established that the formation of the economic security system of the enterprise depends on the following factors: the sphere of activity of the enterprise, the dynamism of the external environment and interaction with it, the size of the enterprise, the presence of enterprise development strategies. Taking into account these conditions contributes to the effective formation of the economic security system of the enterprise, ensuring its stability and successful operation of the enterprise in competitive conditions. It has been proven that the main functional tasks of the economic security system of enterprises, which are aimed at ensuring its stability and successful operation in the conditions of a changing environment and intensifying competition, are: ensuring high financial efficiency of work; ensuring technical independence and achieving high competitiveness of the technical potential of the enterprise; achieving a high level of staff qualification and mental potential; minimization of the destructive impact of the results of production and economic activity on the state of the environment; protection of all aspects of the enterprise’s activity; ensuring the protection of commercial secrets; effective organization of the security of the company’s personnel.

УТРИМАННЯ ВІД УЧИНЕННЯ КОНКУРЕНТНИХ ДІЙ І НЕРОЗГОЛОШЕННЯ КОМЕРЦІЙНОЇ ТАЄМНИЦІ В ТРУДОВОМУ ПРАВІ УКРАЇНИ

Background. Due to the fact that the world of work is characterised by its wide coverage, not all categories related to it can receive proper regulation in labour legislation in a timely manner. The above-mentioned issues are quite visible in business environment, where such categories as ensuring that employees do not compete with their employers and non-disclosure of commercial secrets obtained in the course of employment are of great importance. Despite a sufficiently detailed analysis of non-competition and non-disclosure agreements in the studies of domestic scholars, the practical implementation of these categories in Ukrainian labour law has remained unaddressed. Methods. In the process of preparing this paper, the author applied dialectical, comparative and legal, formal and logical methods of research. With the help of the dialectical method, in particular, the author identifies the specific features of legal regulation of refraining from competitive actions and non-disclosure of commercial secrets. The comparative and legal method helped to carry out a comparative legal study of the provisions of national and foreign legislation governing non-competition and non-disclosure of commercial secrets in the world of work. The formal and logical method was used to identify shortcomings in the legal regulation of preventing employees from committing competitive actions against employers and non-disclosure of commercial secrets. Results. The implementation of mechanisms to ensure non-competition and non-disclosure of commercial secrets in employment relationships in Ukraine is significantly limited due to the lack of a clear regulatory framework. And while the issue of non-disclosure of trade secrets can be resolved at the level of local employer regulations developed with the participation of employees' representatives, the non-competition with the employer is currently limited only by the legal regime of Diia City. This is primarily due to the significant impact of non-competition on the labour rights of the parties of employment relationship. Conclusions. The comprehensive implementation of non-competition and non-disclosure of commercial secrets in labour relations in Ukraine is currently impossible without ensuring their proper regulation at the level of labour legislation.

Электрондық мәмілені жүзеге асыру кезіндегі коммерциялық құпияны қорғаудың құқықтық негіздері

Зерттеудің мақсаты электрондық мәмілені жүзеге асырудағы құқықтық қатынастарды қарастыру және ондағы коммерциялық құпияны қорғау саласында ұсыныстар әзірлеу. Электрондық мәмілені жүзеге асыру кезіндегі коммерциялық құпияның қауіпсіздігі ақпараттық қауіпсіздікті қамтамасыз ету саласында өзекті болып саналады. Құпия ақпаратты қорғаудың көптеген шаралары оның техникалық шаралардың өзі көптеген жағдайда жетімсіз болып жатады. Зерттеу әдістері ретінде диалектикалық, талдау (анализ), салыстырмалы құқықтық талдау қолданылды. Атап айтсақ, электронды мәмілелер тура-лы қазақстандық заңнаманың дамуын зерттеуде диалектикалық әдіс қолданылса, талдау (анализ) әдісі электрондық мәмілені жүзеге асырудағы коммерциялық құпияны құқықтық қорғаудағы қол жеткізген жетістіктерді бағалауда, ондағы проблемалар мен кемшіліктерді анықтауда пайдаланылды. Сонымен бірге, шетелдерде элктрондық мәмілені жүзеге асыруда коммерциялық құпияның қорғалу дәрежесін анықтау мақсатында салыстырмалы құқықтық талдау әдісі пайдаланылды. Зерттеу барысында төмен-дегідей нәтижелерге қол жеткізілді: а) электрондық мәмілені жүзеге асырудағы коммерциялық құпия-ны қорғау ғылыми зерттеудің объектісі ретінде отандық заң ғылымында алғашқы рет қаралғандығы зерделенді; ә) электрондық мәмілені жүзеге асыруда коммерциялық құпияны қорғаудың өзектілігі мен оны құқықтық қамтамасыз етудегі проблемалар айқындалды. Мақаланың қорытындысында коммер-циялық құпияны қорғауды қамтамасыз етпеген жағдайда туындауы мүмкін салдарлар негізделе оты-рып, «Коммерциялық құпия туралы» заң қабылдау қажеттігі негізделді.

ТРАНСФЕР ТЕХНОЛОГІЇ В УКРАЇНІ: СУЧАСНІ ВИКЛИКИ

The article is devoted to the study of the problematic issue of technology transfer in today's conditions. Legislators and by-laws regulating relations in the field of technology transfer are analyzed. Attention is drawn to the importance of scientific technologies and their implementation in the activities of industrial enterprises, which is an indispensable development of the economic growth of many leading economically developed countries, as well as a determining factor in the progress of society and the improvement of the welfare of citizens. Informational, analytical and statistical data on the impact of technology transfer on the financial condition of enterprises, institutions and organizations in relation to budget funds are presented. Among the positive financial indicators, based on the analysis of statistical data and scientific literature, attention is drawn and problems hindering the integration of the technology transfer process in domestic industrial enterprises are identified. In particular, these are: migration of scientists; insufficient amounts of funding for innovative activities; low innovative activity of active enterprises, which leads to a reduction in the share of innovative products both in the structure of production and in exports; low level of state support for innovation and demand for high-tech products; lack of stimulating technology transfer mechanisms. Using the example of the report of the State Enterprise «Ukrainian Institute of Intellectual Property» for 2021, attention is drawn to the decline in innovative activity of domestic enterprises. It is emphasized that in the conditions of a full-scale war between Russia and Ukraine, state support for innovations, inventors, and other authors of intellectual property rights is a guarantee of increasing the economic potential and military-industrial complex of the state. Addresses existing problematic issues of state security regarding the transfer of technology, protection of secret inventions, commercial secrets, other objects of intellectual property law, and suggests ways of solving problematic issues in the field of technology transfer in Ukraine.

ДОГОВІР ПРО НЕРОЗГОЛОШЕННЯ ЗА ЗАКОНОДАВСТОМ УКРАЇНИ: ОСОБЛИВОСТІ ТА ПРАВОВА ПРИРОДА

Legal features of the Non-disclosure Agreement, concluded in order to ensure maximum protection of confidential information and commercial secret, are analyzed in this publication. It is confirmed that special attention shall be paid to the conclusion of such contracts within activity of IT companies, especially in the context of special legal regime «Diia City», introduced in Ukraine. It is established that the current legislation of Ukraine related to the regulation of Non-disclosure Agreements is not developed well enough, as before the Law of Ukraine «On Stimulating the Development of the Digital Economy in Ukraine» was adopted, there had been no mentions concerning the possibility of concluding relevant agreements in the national laws. It is proven that the legal nature of the Non-disclosure Agreement is based on the negative obligations, according to which one party shall be entitled to demand the fulfilment of obligations by the other contractual party, consisting in the passive behavior of the subject obliged. The main features of the Non-disclosure Agreement, that directly follow from their legal nature and are related to the subject composition, form of its conclusion, payment procedure and responsibility for its violation, are analyzed in this article. It is established that the introduction into the legislation of Ukraine of the provisions on the possibility of entering into a Non-disclosure Agreement on paid basis is a generally positive step and will be able to ensure the interests of the recipient of information in a full fulfilment of its obligations related to the non-disclosure of confidential information. It is substantiated that the legal construction of compensation procedure for damages in case of violation of the terms of the Non-disclosure Agreement shall be a necessary guarantee for the party disclosing the information and a guarantee for ensuring its legal rights and interests. It is determined that the essential conditions of the Non-disclosure Agreement under the legislation of Ukraine are the definition of direct information that is subject to legal protection as well as defining of a specific period in time within which the relevant information will be the object of legal protection. It is proven that the introduction of relevant general provisions on the procedure of concluding and the peculiarities of legal regulation of Non-disclosure Agreements into the Civil Code of Ukraine will contribute to legal certainty for participants of civil legal relations as well as guarantee protection of their legal rights and interests in case of the breach of contractual obligations by the party, to which the confidential information was disclosed. It is argued that certain provisions of the Law of Ukraine «On Stimulating the Development of the Digital Economy in Ukraine» can be successfully implemented into other acts of national legislation in the future in order to spread the practice of Non-disclosure Agreements conclusion not only within the field of relations with high-tech companies, but also in all other spheres of social life.

Codification of industrial property law of Poland: analysis of the main provisions of the new draft law

Keywords: intellectual property, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law
 The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.

Security Enhancements for Data-Driven Systems: A Blockchain-Based Trustworthy Data Sharing Scheme

With the increasingly prominent value of big data, data sharing within enterprises and organizations has become increasingly popular, and many institutions have established data centers to achieve effective data storage and sharing. Meanwhile, cyberspace data security and privacy have become the most critical issue that people are concerned about since shared data often involves commercial secrets and sensitive information. At present, data encryption techniques have been applied to protect the security of the sensitive data stored in and shared by the data centers. However, the challenges of efficient data sharing, secure management of decryption keys, deduplication of the plaintext, and transparency and auditability of the data access arise. These challenges may obstruct the development of data sharing in data-driven systems. To meet these challenges, we propose a secure and trustworthy data sharing scheme and introduce blockchain, proxy re-encryption (PRE), and trusted execution environments (TEEs) into the data-driven systems. Our scheme mainly enables (1) automatic distribution and management of the decryption keys, (2) reduction of the reduplicative data, and (3) trustworthy data sharing and recording. Finally, we implement the proposed scheme and compare it with other existing schemes. It is demonstrated that our scheme reduces the computation and communication overhead.

METHODICAL BASIS FOR MANAGING THE ECONOMIC SECURITY OF THE ENTREPRENEURIAL SECTOR OF THE NATIONAL ECONOMY

The article provides a scientific justification of the importance of ensuring and increasing the level of economic security of the business sector, which implies positive and progressive changes in the development of the national economy. It is emphasized that when forming the economic security management system of the business sector, it is necessary to take into account that ensuring economic security includes determining the types and causes of negative impacts on its level. A number of elements of the economic security management system of the entrepreneurial sector of the national economy, which form the methodological basis for its formation and improvement, are highlighted. It is proposed to consider the economic security management system of the entrepreneurial sector as the ability of enterprises to effectively carry out economic activities, use resource opportunities, realize economic interests and innovative development potential, ensure competitiveness. As a result, it is proposed to divide the economic security management system of the business sector into subject-object (subjects and objects) and management (functions, goals, directions) levels. An essential characteristic of managing the economic security of the entrepreneurial sector of the national economy is the stability and stability of functioning, the presence of “compensatory functioning”, which means the ability to maintain the stability of activity under the conditions of the realization of external and internal threats. It was concluded that the methodological foundations of economic security management of the business sector relate, on the one hand, to the substantiation of the processes of preserving the commercial secret of the enterprise, and on the other hand, to the preparation of enterprises to conduct economic activity under the influence of the external environment and to adapt to it while maintaining a sufficient level of economic efficiency and security.

Open Science and Commercial Secrets

Open Science and Commercial Secrets

Automatic gear shift strategy for manual transmission of mine truck based on Bi-LSTM network

As mine trucks face severe and changeable driving conditions in mining area, it is important to formulate a general automatic gear shift strategy for reducing the intensity and difficulty of the work. Therefore, gear shift strategy performs a significant role in automatic transmission studies. However, it is difficult to devise an automatic shift strategy due to the fact that it relies on tremendous historical experiment data which is the highest classified commercial secret of the automobile manufacture. Since the artificial neural network can build self-learning model by inputting multiple parameters, adjusting weights and automatically outputting results, many automatic gear shift strategy studies are reported based on it. However, the gear shift prediction accuracy by traditional neural network is limited due to the non-existence of feedback connection, lacking of associative memory function and missing implicit connection between continuous data. Hence, this paper proposes a novel method based on Bi-directional Long Short-Term Memory (Bi-LSTM) network, which controls gear shifting with nine parameters and updates the traditional mine truck transmission system from manual to automatic. Truck status data while manual driving are captured through the Controller Area Network-bus (CAN-bus) and converted to the proper sequence data format. Some sequence data are used to train the Bi-LSTM network for gear prediction, while the rest is used for verification. In order to evaluate the proposed machine learning model performance, it is compared with the Back Propagation Neural Network (BPNN), Recurrent Neural Network (RNN) and Long-Short Term Memory (LSTM) networks with two and nine parameters, respectively. The experimental results demonstrate that machine learning networks with nine parameters reach higher gear shifting prediction accuracy than those with dual-parameter, except BPNN. In addition, the highest prediction accuracy is 95.8 %, which is achieved by the Bi-LSTM network with nine parameters. This proves that Bi-LSTM network outperforms the traditional neural networks, such as BPNN with 81.5 %, and other recurrent neural networks, such as RNN and LSTM with 87 % and 91.5 %, respectively. As for the average time consumption, the Bi-LSTM network spends 1.86 ms per prediction calculation which is longer than LSTM and RNN respectively having 1.58 ms and 1.06 ms. Thus, it still fits the requirement of real-time processing on mine truck industry. In general, the Bi-LSTM network shows its advantage in processing sequential data within limited time, and has the potential to be widely applied in the field of prediction based on data with temporal characteristic.

Risk Management of Staff Training

As an investment to the enterprises, staff training has both risk and income. So the risk management of staff training turns to be a key link of the human resources management work in the enterprise. In this paper, starting from the connotation of employee training risk management, it is shown that the main reasons of employee training risk are as follows: the wrong idea, the imperfect training system, unreasonable training technology, loss of talents, cultivating the competition, enlargement of professional and technical secrecy, and the time lag of getting training benefits. Aimed at different causes of the staff training risk, the measures to prevent the occurrence of risk or reduce the loss of training risk to minimum are put forward. They are establishing a correct concept of staff training, building the effective training system, adopting appropriate training technology, preventing the loss of employees after training, strengthening the protection of enterprise technical and commercial secrets, eliminating or reducing devaluation of training project value.

Субъекты режима конфиденциальности информации при обеспечении коммерческой тайны

Analyzing the active side of the subjects of the commercial secret regime, the following main directions can be distinguished in it: establishment of the commercial secret regime; operation (use and use) of the commercial secret regime; change of the commercial secret regime; termination of the commercial secret regime. Depending on the above-mentioned directions of the activity of the subject in relation to the regime of confidentiality of information while ensuring trade secrets, the following types of subjects of this regime can be identified: 1) the main subject is the owner of the information constituting a trade secret; 2) officials who are endowed by the main subject (the owner of the information constituting a trade secret) with certain legal powers to carry out the direct operation of the trade secret regime; 3) implementing entities (employees of the company); 4) user subjects (counterparty, federal state authorities, state authorities of the subjects of the Russian Federation and local self-government bodies); 5) a special subject (court, preliminary investigation body, investigation body).