Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Trade Secret Protection in Ukraine and Germany: Comparative Analysis

Author(s): Gusarov Konstantin, Riabchenko Yurii, Shymon Svitlana, Kostyria Olena, Kovryha Olena

The article provides a comparative analysis of the problem of protection of trade secret in Ukraine and Germany. For this purpose, a number of legal acts of both countries regulating this issue have been processed. Various scientific approaches to the definition of trade secret have been investigated. It has been defined which information can be considered confidential and which information does not belong to this category. General and special guarantees of the right to trade secret have been considered. It has been proved that the most effective legal remedy for the protection of this type of confidential information is the special law, which prescribes all the rules that regulate this issue. As currently there is no such act in Ukraine, we turned to the positive experience of Germany, where the special The Draft Trade Secret Protection Act 19/4724 has been recently adopted. Some provisions of this Act are considered and the main changes to legislation regulating this issue have been described. On the basis of the research, the proposals on the necessity of adopting a similar act in Ukraine have been formulated.