Topalova L. The legal regime of trade secret

Object of research: public relations which arise up in connection with the use of commercial secret in economic activity. The purpose of research: improvement of theoretical principles of the legal mode of commercial secret in economic activity and mechanism of defence of right for the menaging subject of on a commercial secret, preparation of additions and changes in a legislation. Methods of research: scientific, specially-legal, dialectical, history-legal, comparatively-legal, formal-logical. Theoretical meaning: promotes the level of theoretical development of questions of the legal mode of commercial secret in science of economic law. Practical meaning: conclusions can be used in activity of law. Developed suggestion in the project of Law of Ukraine "About a commercial secret". Concrete recommendations will use by Committee on questions of the legislative providing of law-enforcement activity of Verhovna Rada of Ukraine during working of the proper bills at making alterations and additions in a current legislation. Positions of dissertation were used at development of measures directed on the guard of commercial secret Scientific Industrial Corporation "Hymec", and also in an educational process of discipline the "Economic right" in Donetsk legal institute of Donetsk state university. Scientific novelty: The conception of managing subject's commercial secret is formulated in the work. There are pointed the elements of legal status of commercial secret: the order of obtaining such status to the information; realization by the managing subject its competences for possession, using and disposition by such information; also the ways of legal defense and protection the right on the commercial secret. The distinguishes of the commercial secret from other kinds of confidential information are pointed in the work. The ways of reducing the possibilities of abusing by the right on commercial secret are offered. The determination of necessary measures of protection the commercial secret is given at the work. The concept of protection the commercial secret is improved by adding to it the right of self-protection. It is proposed to supplement the list of measures of protection the right on the commercial secret by the imperative conclusion of a treaty about the know-how possession with a person who violated the managing subject's right on the commercial secret. Sphere of use: subjects of initiation of bill for perfection of legislation; the menaging subjects in the process of realization economic activity; higher educational establishments for the use in an educational process.