Trade Secrets Research Articles

Technological peer pressure and skill specificity of job postings

AbstractHuman capital is a major impetus for technological innovation. We examine the relation between the technological dimension of product market competition and the disclosure of skill requirements in job postings. On the one hand, technological competition may raise the urgency of recruiting tech talent and make firms provide more specific skill requirements. On the other hand, technological competition can increase the proprietary costs of skill requirement disclosure. Using technological peer pressure as a measure of technological competition, we find that firms facing intense technological competition provide more specific skill requirements for tech positions, suggesting that the disclosure benefits outweigh the proprietary costs when firms face pressure to innovate. The effect of technological peer pressure is more pronounced among firms that make only incremental innovations and less pronounced among firms that rely on trade secrets or have greater industry peer presence in close geographical proximity. Our study documents a distinct relationship between technological competition and voluntary disclosure targeted to labor market participants.

Pelindungan Rahasia Dagang Dalam Proses Pengadilan Tertutup Dikaitkan Dengan Undang-Undang Nomor 30 Tahun 2000 Tentang Rahasia Dagang

Intellectual Property is a right that arises from the results of thought that produce a product or process that is useful for humans. One form of Intellectual Property is Trade Secret. Trade Secrets are recognized and protected under Law No. 30 of 2000 concerning Trade Secrets. The purpose of this study is to determine the legal certainty of conducting closed hearings against trade secret violations in the UURD and its comparison with regulations of other countries, as well as determining the legal actions that should be taken by the owner of a trade secret in facing court proceedings to protect trade secrets in relation to the UURD and its comparison with other countries.
 This study uses a normative juridical method with descriptive analytical research specifications. The comparison method used is the method of comparison of legal instruments, especially comparison of legislation. Data collection techniques used in this study were literature studies and interviews.
 Based on the research conducted, it can be concluded that the provisions in Article 18 of the Trade Secret Law do not provide legal certainty regarding how trade secrets can be protected in the trial process. The condition in which both parties must request to close the trial is not in line with the Judge's obligation to protect Trade Secrets. The legal remedy that can be taken by the Trade Secret Owner is to request that the trial of the Trade Secret case be held behind closed doors. This application is made not because of the conditions contained in Article 18 UURD, but based on the obligation of the Trade Secret Owner to make all proper efforts to safeguard the Trade Secret. An application to close the trial should not be rejected by the Judge, because refusal is a violation of the Owner's right to maintain a Trade Secret.

Misappropriation of Trade Secrets Under the Indian Legal Framework: An Analytical Study

The main purpose of this paper is to examine the aspects of the misappropriation of trade secrets under the Indian legal framework, and how this can be prevented. The paper also tries to understand the nature of trade secrets, the reasons for protecting them, and the practical challenges in identifying and protecting them as there is no legal framework in India to protect trade secrets from misappropriation. The paper concludes by highlighting the challenges to the Indian legal framework, in handling and protecting the misappropriation of trade secrets.

PENYELESAIAN SENGKETA RAHASIA DAGANG DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2000 TENTANG RAHASIA DAGANG

This study aims to find evidence on trade secret disputes and settling trade secret disputes in Indonesia. This research was conducted because there are many trade secret disputes in Indonesia at this time, and trade secrets have an essential role in the field of intellectual property rights, then trade secrets have the same important position as copyrights, trademarks, and designs. Global economic competition requires trade secret protection to create a healthy and dynamic economic environment. This legal research is included in normative legal research, which means research aimed at finding and formulating legal arguments through analysis of the subject matter. This research is perspective and applied, which means that this research is written according to law according to facts or legal events from the research results. Legal materials in this writing use primary legal materials and secondary legal materials. The legal materials were collected through document studies, law, and case approaches and then analyzed using deduction techniques. It can be seen that for proof if it is related to a license or the transfer of ownership rights to a trade secret if at any time a dispute occurs, then there is no authentic evidence or an authentic deed in writing made before a public official who is authorized to make it so that it will be difficult to prove when faced with evidence in a confidential case trade, settlement of trade secret disputes can be carried out by way of litigation or non-litigation. However, the legal subject of trade secrets is still unclear, so when a dispute occurs, longer evidence is needed to prove who owns the trade secret.

Some Psychological Features of Victims of Crime Committed Using Digital Technologies

The large-scale development of information technology and the wide spread of the Internet have involved millions of people in the daily use of digitalization products as a means of communication, work, entertainment and other purposes . At the same time, the online world has become an attractive environment for various types of crime . Some attackers are interested in gaining access to confidential information, such as personal and financial data, trade secrets, intellectual property, etc . The information they receive can be used for fraud, espionage or extortion . This article provides a list of common crimes and offenses committed, including with the use of digital technologies, in accordance with the Criminal Code of the Russian Federation and the Code of the Russian Federation of Administrative Offenses; current types of cybercrime are considered, an assessment is made of the psychological characteristics of persons who commit crimes using digital technologies and their victims . At the end of the article, recommendations are given to ensure psychological resilience to the main threats of the digital environment . Compliance with the rules of information and psychological security and digital education of the society can significantly reduce vulnerability and minimize the risks of user victimization .

Identification and mitigation of the vulnerability of web applications in institutions of higher education

The security of information technology, specifically web applications, has become an area of concern today. Computer cybercrime is now a significant problem that affects more than just businesses and organizations. Higher education institutions also began to experience computer threats that revealed their information assets. Universities, polytechnics, colleges of education, research centers, and other postsecondary institutions are probably the most vulnerable because they house sensitive data on their faculty, staff, and students, as well as academic records of scientific and technological advancements and research. The first step in an information system security strategy is risk analysis management It helps in assessing the risk of information assets to know their security level or status, and assist in define a security control measures and implementation of technical plan to avoid threats that exploit some vulnerability that could cause severe damage to an asset or infrastructure of institutions higher education (IHEs). This article presents some recommendations to perform a risk analysis management in IHEs to accessed threats and vulnerability that helps to lower the risk of their information assets. This article presents existing educational threat and vulnerability on their web applications. Ensuring security is a goal of every organization regardless of its size or purpose and also proposed a risk management model. With the information technology, an organization may be considered secure when it ensures the confidentiality, integrity, and availability of information and IT assets. Confidentiality may be broken due to theft of sensitive information such as trade secrets, clients’ personal information.

Legal Administrative Protection of the Trade Secret

Legal Administrative Protection of the Trade Secret

Ultrasound-Guided Joint Injections: Tips and Tricks

Joint injections have emerged as a crucial aspect of a radiologist’s role, regularly employed for both diagnostic and therapeutic purposes. Ultrasound guidance is an invaluable tool in this regard, due to its accessibility, low cost, and absence of radiation. Pain relief through the use of corticosteroids, local anesthetics, or viscosupplements, joint aspiration in cases of suspected infection, and contrast injection for arthrography are all common indications for these procedures. In this article, we aim to provide guidance for common joint procedures (as well as one nonjoint but frequently performed procedure) while also revealing some valuable trade secrets and tips.

영업비밀 침해 사건 피해자의 형사공판절차 참여권 확대 방안 검토

The protection of trade secrets is not only beneficial to individual businesses, but also directly linked to the interests of the nation and society as a whole. Therefore, prosecutors responsible for maintaining public prosecution in cases of trade secret infringement have a heavy duty to lead guilty verdicts and appropriate sentencing based on a deep understanding of the technical details of the trade secret in question. With the advent of the Fourth Industrial Revolution, the types and technical complexities of trade secrets have been rapidly increasing. In this context, the victim is often the person who possesses the deepest understanding of the technical details of the trade secret in question. Therefore, expanding the participation of victims in the trial process of trade secret infringement cases is not only crucial for maintaining public prosecution in individual cases but also serves as a significant task in the realm of safeguarding public interest. In this article, we intend to examine various measures to expand the participation rights of victims in the criminal trial process of trade secret infringement cases. This topic shares several points with the broader issue of expanding the participation of victims in general criminal cases, and we will explore them together. Firstly, various actions such as victims engaging in interviews with prosecutors or submitting materials to prosecutors outside of the court are legally sound and justified when examined from multiple perspectives, including the “permissibility and scope of investigation after indictment” and “allowance of pre-trial witness interviews with prosecutors.” In particular, the exchange of opinions and information between prosecutors and victims regarding technical aspects is crucial for the proper prosecution of trade secret infringement cases. Moving on to the possibilities for criminal victims to participate in the procedures in court, generally, victims have the right to express their opinions and make statements based on the Constitution, as well as specified in the Criminal Procedure Act and Criminal Procedure Rules. For certain crimes such as sexual violence offenses, there are separate provisions in the law that ensure the right of victim's counsel to express their opinions and make statements. In relation to this, the author believes that it is possible, based on the interpretation of current laws and regulations, to recognize the legal right of victim's counsel to express their opinions and make statements in court regarding general criminal cases including trade secret infringement cases. Furthermore, the author believes that such recognition is necessary. The basis for this argument is that, firstly, allowing victim's counsel to express their opinions and make statements is the most effective means to adequately protect the victim's right to present their views in court. Secondly, the principle against analogy takes a significantly relaxed attitude towards procedural law. Moreover, there is a precedent where the provisions of criminal procedure law regarding defendants have been analogously applied to defense counsel. Thirdly, the Criminal Procedure Rules include provisions that assume the possibility of all crime victim's counsel expressing their opinions and making statements in court. Fourthly, there is no reason to distinguish between trade secret infringement cases and other cases such as sexual violence offenses when considering the necessity of guaranteeing the right of victim's counsel to express their opinions and make statements. Fifthly, by challenging the credibility of the opinions expressed by victim's counsel in court, the defendant's side may have an opportunity for additional defense. Sixthly, the scope of rights held by victim's counsel in court after prosecution should be balanced with the scope of rights held by victim's counsel during the pre-prosecution investigation stage.

THE MAIN WAYS OF LEAKING COMMERCIAL SECRETS AND MEASURES TO PROTECT THEM

The study is devoted to the study of international experience in the protection of trade secrets in the leading countries of the world. The purpose of the study is a comparative analysis of the features of international experience in protecting the commercial secrets of corporations. The methodological basis of the study was the use of methods of comparative analysis, methods of analysis and synthesis, as well as an expert survey and a graphic method for presenting the results of the study. The main results of the study are the systematization of commercial information according to the degree of protection, as well as the generalization of the practice of the EU member states regarding the protection of commercial secrets. The main ways of disclosing information constituting a commercial secret are classified: communication of the specified information to other persons, in particular to competitors; providing documents containing information constituting a commercial secret to other persons for perusal; notification of the above-mentioned information in mass media, etc. Systematized measures for the protection of confidential information constituting a commercial secret, namely: organizational, legal, physical, technical and psychological. Organizational measures include a set of measures to protect information that is important for the enterprise by restricting access to it. Technical means involve the use of special programs and equipment that make it impossible to view and/or copy important electronic information. Legal measures involve bringing the internal documents of the corporation into compliance by making appropriate additions to them. The study presents the results of a survey of representatives of EU commercial structures regarding the leakage of trade secret information and tools for protection against leakage.

THE MAIN WAYS OF LEAKING COMMERCIAL SECRETS AND MEASURES TO PROTECT THEM

The study is devoted to the study of international experience in the protection of trade secrets in the leading countries of the world. The purpose of the study is a comparative analysis of the features of international experience in protecting the commercial secrets of corporations. The methodological basis of the study was the use of methods of comparative analysis, methods of analysis and synthesis, as well as an expert survey and a graphic method for presenting the results of the study. The main results of the study are the systematization of commercial information according to the degree of protection, as well as the generalization of the practice of the EU member states regarding the protection of commercial secrets. The main ways of disclosing information constituting a commercial secret are classified: communication of the specified information to other persons, in particular to competitors; providing documents containing information constituting a commercial secret to other persons for perusal; notification of the above-mentioned information in mass media, etc. Systematized measures for the protection of confidential information constituting a commercial secret, namely: organizational, legal, physical, technical and psychological. Organizational measures include a set of measures to protect information that is important for the enterprise by restricting access to it. Technical means involve the use of special programs and equipment that make it impossible to view and/or copy important electronic information. Legal measures involve bringing the internal documents of the corporation into compliance by making appropriate additions to them. The study presents the results of a survey of representatives of EU commercial structures regarding the leakage of trade secret information and tools for protection against leakage.

Characteristics Of Trade Secrets As Property Rights In The Indonesian Property Law System

This research reports on a legal study of trade secrets which are part of the Intellectual Property Rights system. Legal protection is given to trade secrets in order for trade secret right holders to be able to create a climate that encourages creation and innovation to advance Indonesian industry in order to compete in the scope of national and international business. A trade secret is information that the law considers to be a property. The classification of information as a trade secret must have economic value, be unknown to the public and kept confidential by the owner. There is a problem, namely the character of trade secrets that cannot be included in the system of property law in Indonesia, because the characteristics of trade secrets do not fulfill the elements of property rights and there is no single norm that regulates the registration of trade secret rights as property rights. Jeremy Bentham and Thomas Hobbes Theory of Legal Protection and Theory of Ownership are chosen as the analytical knife, that a trade secret is a legal right, namely a property right over an intangible movable property that arises due to a registration. The implication of this is that the trade secret law does not provide legal protection and legal certainty for the right holder.

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.

Preparation of Theoretical and Practical Recommendations for the Transformation of the Economic Security System of Enterprises during the Digitization Process

"The article proves that information security is one of the most critical aspects of the economic security of an enterprise, and it is necessary to emphasize that reducing the problem of financial security of an enterprise to the protection of trade secrets is an overly simplified solution this problem. Such a narrow understanding of economic security only considers part of the spectrum of environmental impact as the main source of danger to the enterprise’s activities. According to this view, the economic security of an enterprise is conditioned by the influence of the external environment, which in a market economy is constantly changing, never remaining stable or unchanged. The cluster systemic approach and modeling methodology outlined in the article, as well as the tools for analyzing and diagnosing the enterprise’s condition, allow for a sufficiently complete study of the complex factors threatening the economic security of an enterprise and for a meaningful and purposeful organization and implementation of the necessary indicator monitoring, which will allow for systematic research and analysis of the dynamically changing socio-economic and conduct a feasibility study of management decisions. The study develops and implements a modern concept of enterprise security in the digital economy. The development of a set of organizational tools that ensure the transformation of economic security of enterprises in the process of digital transformation is presented. The modeling of the economic security system of an enterprise in the digital economy is proposed. The study develops and implements a modern concept of enterprise security in the digital economy. The development of a set of organizational tools that ensure the transformation of economic security of enterprises in the process of digital transformation is presented. The modeling of the economic security system of an enterprise in the digital economy is proposed. The European Social Fund funded this research under the No. 09.3.3-LMT-K-712-23-0211 “Transformation of the economic security system of enterprises in the process of digitalization” measure."

Правовые вопросы защиты коммерческой тайны работодателя

В статье определены меры, принимаемые работодателем по охране информации, составляющей коммерческую тайну, условия отнесения информации к коммерческой тайне. Указаны действия, которые может предпринять работодатель для снижения внутренней угрозы от незаконного разглашения коммерческой тайны. Предложено предусмотреть в трудовом договоре с руководителем организации его обязанность по обеспечению охраны конфиденциальности, составляющей коммерческую тайну информации, обладателем которой являются организация и ее контрагенты, и ответственность за обеспечение охраны конфиденциальности этой информации. Автор утверждает, что условие трудового договора о неразглашении охраняемой законом тайны (государственной, служебной, профессиональной или коммерческой) должно относиться к числу обязательных при наличии таких видов тайн в организации, в случае если работник в установленном законом порядке допущен к соответствующей информации. Также предложено предусмотреть в Трудовом кодексе Республики Казахстан условие о неразглашении информации, составляющей коммерческую тайну, и после прекращения трудовых отношений, а также обязанность работника возместить работодателю ущерб в случае разглашения этой информации. Обоснована необходимость разработки комплекса правовых норм, в котором необходимо определить пределы договоренностей сторон и уровень компенсации для работника. Автор считает, что имущественные интересы обладателя прав на коммерческую тайну необходимо защищать в рамках трудового законодательства, а именно ввести элементы гражданско-правовой ответственности, а в случае разглашения коммерческой тайны после прекращения трудового договора — привлечь работника к гражданско-правовой ответственности и к возмещению убытков через суд.

The Solving Indonesian Intellectual Property Rights Transfer Issue

The aim of this research was to analyze legal problems that are hindering the process of intellectual property rights (IPR) transfer within the Indonesian legal system. This objective was achieved by employing the normative legal research method with a statutory approach while, utilizing secondary data. Accordingly, the secondary data used consisted of primary legal sources, including Law No. 30 of 2000 on Trade Secrets, Law No. 20 of 2016 on Trademarks and Geographical Indications, Law No. 28 of 2014 on Copyrights, Law No. 13 of 2016 on Patents, as well as relevant judicial decisions made within the Indonesian legal system, which enhanced the analysis. This research showed the problems that exist within the Indonesian legal system regarding the transfer of IPR and identified the contributing factors. Furthermore, from the analysis conducted, it was found that the Indonesian IPR legal framework is too complex and lacks harmony, specifically when it comes to the mechanisms involved in IPR transfer and the bureaucratic efficiency associated with these processes. This research serves the purpose of providing comprehensive literature for the development of better intellectual property laws, which are continuously being refined by the Indonesian government to protect and foster creativity in the economy of the country, thereby making it a more attractive prospect for capital. Unlike previous studies, this research placed significant emphasis on legal problems specifically hindering the process of IPR transfer and examined their impacts on actual IPR cases within the Indonesian legal system.

Cybersecurity risk and corporate innovation

Using a text-based metric of firms' ex-ante exposure to cybersecurity risk, we document that the rise of cyber threats is redesigning corporate innovation and appropriation strategies. As firms' exposure to cybersecurity risk increases, managers' reliance on trade secrets declines, as they seek to protect their firms' intellectual capital under the umbrella provided by patent and intellectual property laws. In particular, we document that firms exposed to cyber threats file for simpler patents to accelerate their innovation cycle. This strategic adjustment is not costless, as it causes firms' returns to research and development (R&D) investments to decline significantly.

Perlindungan Hukum Atas Hak Kekayaan Intelektual (HKI) Perhotelan di Kabupaten Lombok Barat

The existence of the Mandalika National Tourism Development Strategic Area (NTDSA) is expected for West Lombok to be able to get a direct impact from the development of the tourism sector, long before NTDSA Mandalika opened, the tourism industry in West Lombok Regency itself already existed. Intellectual Property Rights (IPR) in simple terms is a right that arises for the results of thoughts that produce a product that is beneficial to humans. The form of IPR application to products in hospitality is basically divided into 2 (two), namely: First is Copyright and Rights related to Copyright. The second is Industrial Property Right. The method used in this research is normative-empirical, namely looking at the law not only as a set of normative rules or what is contained in the text of the Act but also seeing how the law can run in the midst of society While the approach used is the approach of the Act, conceptual approach, and socio-legal approach. Regulations on the protection of IPR of hotel industry have been regulated in general in Law Number 10 of 2009 concerning Tourism, Law Number 28 of 2014 concerning Copyright, Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design, and Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Legal protection of IPR for hotel industry in West Lombok Regency has so far been implemented, although there are several obstacles, hotel and restaurant industry are still less familiar with intellectual property protection for their business fields which are considered less useful so that they still have to be given consistent socialization and assistance by related parties.

ANALYSIS OF THE APPLICATION OF NON-COMPETE FOR INTERNET MARKETERS

Internet marketer as a new form of employment occupation, rapid growth in the short term. At present, the competitiveness of enterprises and Internet marketers are closely tied, to which enterprises often protect business interests through agreements non-compete. For the new social relationship established by enterprises and Internet marketers, only according to China’s current “Company Law” and “Labor Contract Law” and other legal provisions involving non-competition, in the subject identification, protection object, applicable standards and other content are applicable dilemma. Because the enterprise competition is different, the principle of non-competition should be in line with the development of the market, break through the restriction of obligation subject to the narrow determination of workers, the protection object cannot be limited to trade secrets. However, after all, the non-competition restriction serves to maintain the market order, in order to avoid the conflict of rights to destroy the competition ecology, it is necessary to coordinate the interests of the subject as the premise of the application of the non-competition restriction, to coordinate the results for the purpose of restriction, and to innovate the restriction system in the applicable conditions.

Research on the Competition Law Risks and Regulation Brought by Generative Artificial Intelligence

The emergence of chatGPT signifies that Artificial Intelligence (AI) technologies for generating content will have a significant impact on people’s work and lifestyle. Nowadays, R&D of generative AI such as chatGPT has become the core domain in the latest wave of technological competition among nations, yet we must be aware that it may result in the disclosure of trade secrets, abuse of dominant market position and other market competition and monopoly risks. In order to regulate the advancement of generative artificial intelligence, it is imperative to refine the existing legislative framework and establish a novel regulatory architecture that involves the participation of the government, corporations, and end-users, to ensure both the free development of technology and its orderly compliance, and guard against the occurrence of malicious competition and market monopolies.