Ivchenko T. Civil Law Regulation of Commercial Secret as of an Object of Intellectual Property Right in Ukraine

The Thesis is devoted to research of civil law regulation of commercial secret as of an object of intellectual property right in Ukraine. The research was focused on such notions as "information", "confidential information", "commercial secret" and "know-how" and entailed their comparative analysis. The definition of commercial secret was specified. The author proposed a definition of "know-how" as revised thereby. The provisions pertinent to independency of commercial secret as of a legal institute were amplified. The legal nature of rights to commercial secret in civil relations was investigated. The history of formation of a legislative foundation for a commercial secret was broken-down by periods. The mechanism for protection of commercial secret under civil law was defined. Peculiarities of exercise of property rights to commercial secret were identified and an approach to definition of principal contractual terms as to protection of confidential information comprising commercial secret was proposed as revised by the author. Court practices in terms of protection of rights to commercial secret were analyzed. Scientific conclusions and suggestions as to improvement of civil law regulation of commercial secret as an object of intellectual property were properly grounded