Civilinė atsakomybė bendrovės komercinių paslapčių apsaugos pažeidimų atvejais.
Commercial secrets are understood as intangible property of a company. Reasonable protection of confidential information needs the application of special procedures. Legal peculiarities of commercial secrets protection, as a specific form of industrial property, are found for several features: (1) specific demands for the substance of commercial secret’s information (the information must fulfil the requirements for its value and secrecy); (2) legal obligations for the owner of the secret information (or any other authorized person) to take legal, physical, organinational, technical and other adequate efforts to protect the information. After the implementation of requirements is fulfilled some may still find difficulties in the application of civil liability for misappropriation of commercial secrets of a company. The problematic issues arise due to the lack of measures (instruments) of civil forms of protection; in calculation and evaluation of civil loss (damages); in possibilities to apply forfeit (fine) in a case of contractual civil liability clause as well as many other actual issues of application of civil liability, including legal aspects of civil liability in pre-contractual / relations. The paper undertakes analysis of possible measures of dispute solvability, research of practical application and legal conditions of civil liability [illegal actions, civil loss (damages), causality and guilt], that are applicable after the breach of confidentiality duty is stated. It is notable that in case of the breach of confidentiality agreement, civil liability is mostly applicable together with disciplinary punishments (liability), mainly in accordance with labour law regulations.[...].
- Straipsniai / Articles