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NON-DISCLOSURE AGREEMENT IN THE PROCESS OF PROTECTION OF INTANGIBLE PROPERTY

100%
Widerski P.
Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
|
2017
|
issue 3
EN
The paper explains a legal concept of a non-disclosure agreement (NDA)/confidential disclosure agreement (CDA) as an effective tool for the trade secret protection. Ensuring the confidentiality of important information of a company is its key operation element. An incompetent protection of a secret may cause significant financial and image losses in every institution. In the paper there was taken an attempt to describe both statutory and contractual legal structures applied in order to secure the company’s trade secret. There were also presented the characteristics of a non-disclosure agreement as an innominate agreements. There was discussed the position of such an agreement in the national and international legal system. The paper specifies essential components of such an agreement that should be applied to secure the interests of the parties. The advantages of applying an NDA as a tool that increases both the protection and possibility of claiming compensation were also specifically described
2

Protection of Trade Secrets in Polish and European Legislation

100%
Widerski P.
Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
|
2018
|
issue 2
64-73
EN
Trade secrets are valuable business assets to all companies on the market irrespective of their size and sector. Empirical evidence prompts clear dependency between innovation and trade secret protection (Ec.europa.eu, 2013). Trade secrets represent the results of R&D investments, innovation and creativity. They are often located as the decisive element of economic advantage in business relationship. The lack of sufficient legal protection of secrets reduces confidence of business creators, researchers and innovators. A current state of protection in the EU has proven to be inadequate to create a satisfactory level of entrepreneurship. Directive 2016/943 endorses a minimum standard requirement for the EU legislation but the Member States may introduce to their own legal systems more far-reaching protection against unlawful acquisition, use or disclosure of trade secrets. Trade secrets play an important role in protecting the exchange of know-how between businesses, especially SMEs, and research institutions both within and across the borders of the internal market, in the context of research, development, and innovation. Trade secrets are one of the most commonly used forms of protection of intellectual creation and innovative know-how by businesses, yet at the same time, they are not sufficiently protected by the existing European Union legal framework.
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