IMPROVING THE PROTECTION OF TRADE SECRETS AND CONFIDENTIAL INFORMATION IN UKRAINE FOR INTEGRATION INTO THE EUROPEAN BUSINESS ENVIRONMENT

Abstract

The relevance of the scientific work is related to the need to protect information with limited access to legal entities and individuals, namely trade secret and confidential information in Ukraine for integration into the European business environment. The necessity of distinguishing between the legal concepts of ‘confidential information’ and ‘trade secret’ in Ukraine has been established. This issue can be resolved by removing references to a legal entity in the legislative definition of confidential information in Ukraine. Namely, formulate the definition of ‘confidential information’, for example, as follows: confidential information – information that has value for an individual, including information about family secrets of an individual, business information of an individual, other information about an individual, access to which is limited by an individual and which may be distributed in a specified manner at its discretion in accordance with the conditions stipulated by it. The scientific work is determined by the state of mechanisms for the implementation of state policy and legislation of Ukraine in the field of trade secret, protection for integration into the European business environment. Searching for ways to improve legal and institutional mechanisms for the protection of trade secret, as well as comparing existing legal documents with the aim of improving the legislative framework of Ukraine to European standards. Today, a significant gap in the legal regulation of trade secret remains the legal uncertainty of the content of information that can be considered as a researched object of intellectual property law. Regarding trade secret in Ukraine: adopt the Law of Ukraine ‘On Trade Secret’ based on the example we proposed in our previous works, where the definition of trade secret and other aspects of protection are clearly formulated. Modern approaches to the protection and protection of trade secret, as a separate type of secret information in Ukraine, are defined and characterized. The key role of trade secret as a kind of institution of the market economy is emphasized, which consists in ensuring the economic security of a separate object from various threats and encroachments, ensuring its competitiveness.