الحماية الإجرائية للأسرار التجارية أمام القضاء المدني: دراسة مقارنة

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

fb015006-2616-4f9f-8872-5e4c9e421a93

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf image

أسماء الملفات

1085700_1.pdf

بيانات النشر

ترجمة العنوان

Procedural Protection of Trade Secrets before Civil Courts: A Comparative Study

ألقاب المؤلفين

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اللغة

Arabic

المصدر والدورية

اسم المصدر

الحماية الإجرائية للأسرار التجارية أمام القضاء المدني: دراسة مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

When we address the issue of procedural protection of trade secrets before civil courts, most legal studies have addressed the civil protection of trade secrets from the standpoint of objective protection. However, in our study, in addition to the objective aspect, we focused on the procedural aspect of protecting the trade secrets of individuals or commercial companies by providing procedural protection for confidential information, which represents the basic foundation for developing projects that developing countries seek to obtain from specialized companies. However, these companies set contractual conditions within the agreement or contractual negotiations that stipulate the provision of procedural protection for the secrets to be transferred or viewed. Every person who is aware of these secrets is under the assignment of the court or under the contract that binds the two parties, whether the second party is working in the project or a legal holder of the information based on an agreement between the two parties or licensed to use these secrets. He is objectively and procedurally responsible for protecting these secrets by providing the necessary means to protect them from cases of disclosure or attack by others. We note that the Iraqi legislator did not stipulate procedural protection for trade secrets and the path taken by the person whose trade secrets were attacked within the amended Patent Law of the year 2004, but rather left room for reference to the general rules of procedural law represented by the Civil Procedure Code, unlike the Egyptian legislator, which has defined a set of legal rules through which the procedural path to be taken by a person in the event of an attack on their confidential information can be identified. The same has been done by the French legislator. In this regard, we call on the Iraqi legislator to follow the example of the French and Egyptian legislators, to guide the person whose trade secrets are being attacked to follow the correct procedural path. This is done by enacting a substantive procedural law that guarantees intellectual property owners the intellectual output they produce. Through our research, we addressed the provisions of procedural protection of trade secrets by clarifying the substantive and procedural responsibilities of the owner of confidential information, as well as the responsibilities of persons who have access to the secrets when they are assigned by the court or contracted with, and the extent of their responsibility in the event of a contractual obligation or the absence of a contractual obligation. We also clarified the paths to be taken by the owner of confidential information in the event that their trade secrets are violated, by clarifying the precautionary measures that are taken until a civil lawsuit is filed, as well as the lawsuits that are resorted to in the event of a breach of secrets. Commercial, which is both the tort claim and the unfair competition claim. We relied in our studies on the analytical approach and the comparative approach, through analyzing the legal texts related to the research topic and presenting the jurisprudential opinions related to them and comparing them with the laws being compared. We concluded with a set of results and recommendations.

كلمات الباحثين

الحماية الاجرائية

إشراف وإعداد

الإشراف

عادل شمران حميد الشمري

الإعداد

حبيب بزون مطر

الاقتباسات الببليوغرافية