| Abstract [eng] |
A trade secret is a company's intangible asset and ensures a competitive advantage for the owner of the information over other economic entities. When disclosed, the trade secret loses its value, and the employer loses its expertise in the market. The significance of the trade secret to the owner of the information necessitates the adequate protection of such secrets. The purpose of the present paper is to assess the peculiarities of how trade secrets are protected and determine the ways in which they can be protected most effectively. The first part of the paper presents an analysis of the concept of the trade secret and other types of non-public information as well as the differences between them. The objects of trade secrets and associated problems are identified. The second part of the paper presents an analysis of measures implemented for protecting trade secrets and their application in practice. The issues associated with the protection of trade secrets are also analysed based on Lithuanian case law. Receivers of trade secrets are identified and their interests in the use of the trade secret are analysed. The second part also analyses the issues that emerge most frequently in court, and the most effective measures and ways of protecting trade secrets are proposed on this basis. The third part of the paper presents an overview of different types of liabilities applied for the illegal disclosure, acquisition or use of a trade secret, and discusses civil, disciplinary and criminal liability. The main conditions for different types of liabilities and methods of defence if ownership rights are violated are identified. Conclusions and suggestions are made at the conclusion of the paper based on the analysis of the nature of trade secret protection. |
