CRIMINAL LIABILITY FOR CRIMINAL ACTIVITIES RELATED TO COMMERCIAL SECRETS: THE JUSTIFICATION FOR CRIMINALISATION
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Abstract
The article was prepared on the basis of a paper presented at the scientific conference The Challenges of Changing Society in Criminal Justice, organised by the Mykolas Romeris Law School, Institute of Criminal Law and Process.
Commercial secrets are one of the most common ways of protecting, inter alia, both intellectual property objects and commercially valuable information. The moment of commencement of the protection of trade secrets does not relate to the intervention of the authorities or registration. In contrast to patents, the legal regime for trade secrets is more business-aware, de facto requiring no greater requirement than the value of such information to protect trade secrets. Inter alia, these circumstances have led to the widespread use of trade secrets.
Trade secrets are governed by the rules of various branches of law: civil (inter alia, labor), administrative and criminal law. Such wide regulation can only be properly applied with a clear distinction between the different types of liability. Unfortunately, Articles 210 and 211 of the Criminal Code of the Republic of Lithuania are abstract and repeating terms used in other legal acts without qualitatively significant criteria for delimitation. The inadequate legal technique in the area of trade secret protection has resulted in the situation what the application of criminal liability is more dependent on the will of law enforcement officers to qualification like crime or not. Wherefore, it means of criminal law are accordingly superfluous.
Commercial secrets are one of the most common ways of protecting, inter alia, both intellectual property objects and commercially valuable information. The moment of commencement of the protection of trade secrets does not relate to the intervention of the authorities or registration. In contrast to patents, the legal regime for trade secrets is more business-aware, de facto requiring no greater requirement than the value of such information to protect trade secrets. Inter alia, these circumstances have led to the widespread use of trade secrets.
Trade secrets are governed by the rules of various branches of law: civil (inter alia, labor), administrative and criminal law. Such wide regulation can only be properly applied with a clear distinction between the different types of liability. Unfortunately, Articles 210 and 211 of the Criminal Code of the Republic of Lithuania are abstract and repeating terms used in other legal acts without qualitatively significant criteria for delimitation. The inadequate legal technique in the area of trade secret protection has resulted in the situation what the application of criminal liability is more dependent on the will of law enforcement officers to qualification like crime or not. Wherefore, it means of criminal law are accordingly superfluous.
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