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نتیجه جستجو - Trade secrets

تعداد مقالات یافته شده: 6
ردیف عنوان نوع
1 Research on the dilemma and improvement of legal regulation for unfair competition related to corporate data in China
تحقیق در مورد معضل و بهبود مقررات قانونی برای رقابت ناعادلانه مربوط به داده های شرکتی در چین-2020
Corporate data disputes have been rising rapidly in recent years in China. Courts typically apply the trade secret clause, the Internet clause, and the general clause under the Anti- Unfair Competition Law of PRC to the disputes. However, there are some limitations and problems, including the limited scope of the trade secret clause, the difficulty in interpretation of the Internet clause, and short of sufficient demonstration of the general clause, all leading to the lack of clear rules and guidelines for solving corporate data competition issue. The property nature of corporate data and the business operators’ factual control of the data necessarily require standard legal protection. Corporate data is not the property right, but the property interest protected under the Anti-Unfair Competition Law. For further legal positioning of the corporate data, the paper refers to the trade secret clause’s legislative principles. The paper also learns from the United States and Japan that both in- formation misappropriation rule and newly established ‘shared data with limited access’ provision protect corporate data under their anti-unfair competition law. The paper concludes by providing judicial and legislative suggestions to pave the way for corporate data protection in China. At the judicial level, Chinese courts should clarify the specific application conditions of the general clause. At the legislative level, enacting new legislation ‘data clause’ into the Anti-Unfair Competition Law is necessary to regulate unfair competition behaviors related to corporate data.© 2021 Huaiyin Zhang, Yanhong Lou, Kui Cai. Published by Elsevier Ltd. All rights reserved.
Keywords: Corporate data | Unfair competition | Trade secrets | Property interests | Data clause
مقاله انگلیسی
2 Snatched secrets: Cybercrime and trade secrets modelling a firms decision to report a theft of trade secrets
اسرار ربوده شده: جرایم سایبری و اسرار تجاری مدل سازی تصمیم یک شرکت برای گزارش سرقت اسرار تجاری-2019
Cybercrime and economic espionage are increasing problems for firms. We build on US FBI policy to frame the interaction between a cybercrime victim firm and a government security agency. We bring together several strands in the literature to model the strategies of the firm, which has suffered a cy- ber breach and theft of trade secrets, and the government security agency, which must investigate and prosecute crimes. We investigate the interactions between these two players, in which the firm has pri- vate information about its cybersecurity investment. This investment level is unknown to the security agency, which must nonetheless decide how to prioritize reported crime. We model this asymmetric in- formation problem within a game theoretic signaling framework derived from Becker’s work in crime and punishment. We suggest that such a framework can inform policy to encourage security investments by firms and more efficient resource utilization by security agencies. We particularly focus on an illustrative stylized example to highlight how our modelling approach can be helpful. In this example we compare two worlds; one where all security breaches become public knowledge and another where only reported breaches become public knowledge. We then formulate two potentially testable Hypotheses and several implications of these Hypotheses. Case studies and a policy analysis further highlight how our framework plays out in reality
Keywords: Cyber security | Cybercrime | Trade secrets | Economic espionage | Cyber breaches
مقاله انگلیسی
3 Pricing privacy – the right to know the value of your personal data
حریم خصوصی قیمت گذاری - حق شناخت ارزش داده های شخصی شما-2018
The commodification of digital identities is an emerging reality in the data-driven economy. Personal data of individuals represent monetary value in the data-driven economy and are often considered a counter performance for “free” digital services or for discounts for online products and services. Furthermore, customer data and profiling algorithms are already con sidered a business asset and protected through trade secrets. At the same time, individuals do not seem to be fully aware of the monetary value of their personal data and tend to un derestimate their economic power within the data-driven economy and to passively succumb to the propertization of their digital identity. An effort that can increase awareness of consumers/users on their own personal information could be making them aware of the monetary value of their personal data. In other words, if individuals are shown the “price” of their personal data, they can acquire higher awareness about their power in the digital market and thus be effectively empowered for the protection of their information privacy. This paper analyzes whether consumers/users should have a right to know the value of their personal data. After analyzing how EU legislation is already developing in the direc tion of propertization and monetization of personal data, different models for quantifying the value of personal data are investigated. These models are discussed, not to determine the actual prices of personal data, but to show that the monetary value of personal data can be quantified, a conditio-sine-qua-non for the right to know the value of your personal data. Next, active choice models, in which users are offered the option to pay for online services, either with their personal data or with money, are discussed. It is concluded, however, that these models are incompatible with EU data protection law. Finally, practical, moral and cognitive problems of pricing privacy are discussed as an introduction to further re search. We conclude that such research is needed to see to which extent these problems can be solved or mitigated. Only then, it can be determined whether the benefits of intro ducing a right to know the value of your personal data outweigh the problems and hurdles related to it.
Keywords: Privacy ، Personal data ، Data subject rights ، Big data ، Digital identities ، Data economy
مقاله انگلیسی
4 Protection of trade secrets and capital structure decisions
حفاظت از رمزهای تجارت و تصممیات ساختاری سرمایه ای-2018
Firms strategically choose more conservative capital structures when they face greater competitive threats stemming from the potential loss of their trade secrets to rivals. Following the recognition of the Inevitable Disclosure Doctrine by US state courts, which exogenously increases the protection of a firms trade secrets by reducing the mobility of its workers who know its secrets to rivals, the firm increases its leverage relative to unaffected rivals. The effect is stronger for firms with a greater risk of losing key employees to rivals, for those facing financially stronger rivals, and for those in industries where competition is more intense.
keywords: Capital structure |Trade secrets |Intellectual property |Competitive threats
مقاله انگلیسی
5 The optimal scope of trade secrets law
حوزه بهینه اسرار تجاری قانون-2016
The paper investigates the optimal scope of trade secrets law. In the model, one innovative firm invests resources first to produce knowledge, and then to protect it from unwanted disclosure. A rival firm invests to ferret out this knowledge. Trade secrets law affects this “secrecy contest” by reducing the probability of unwanted disclosure given the efforts of the parties. We show how optimal trade secrets policy depends on structural market features and cost parameters. In the final section, we consider the limit case in which the innovation lies on the face of the product, and derive the optimal scope of legal provisions preventing copycat imitation of products (unfair competition, passing off).© 2015 Elsevier Inc. All rights reserved.
Keywords: Trade secrets law | Unfair competition | Parasitic competition | Slavish imitation | Passing off
مقاله انگلیسی
6 Comprehension of cyber threats and their consequences in Slovenia
درک تهدیدات سایبری و پیامدهای آنها در اسلوونی-2016
Mobile devices are used more and more frequently. We discovered that students do not use their mobile devices just for private purposes but also for work related tasks; furthermore, they use their private mobile devices to access various information systems and corporate data that can be classified, or marked as trade secrets, personal data or professional secrecy. Individuals who are granted authorised access to these types of data are obliged to protect them from unauthorised access and cyber threats. In our survey, we tried to find out how well students were aware of the existing information security threats to mobile devices and to the data which they access through mobile devices. The results of our survey and criminal law analysis have shown us that the student population is not well aware of security threats and security measures. Because the user of a mobile device can be held criminally responsible for the loss of data that he or she had accessed by using the mobile device, even though he or she is not aware of security threats and protective measures against them, we believe that it will be necessary to encourage users to educate themselves about the new cyber threats that are typically targeting mobile devices, and also to familiarise themselves with the methods of protecting their mobile devices. To this purpose, organisations should implement internal regulations and continuously educate mobile device users about their safe usage in accordance with organisational standards.
Keywords: Cyber threats | Mobile devices | Awareness | Criminal responsibility | Guilt
مقاله انگلیسی
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