El Régimen Jurídico del Secreto Empresarial como Obra del Ingenio
The industrial revolution has created the necessity of protecting the work of inventiveness. Then it has born the theory of intangible goods and with it the discipline of intelectual property in order to protect the human creativity from disloyal competition. Intelectual property includes the rights...
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2014
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| Online Access: | http://hdl.handle.net/10872/14735 |
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| Summary: | The industrial revolution has created the necessity of protecting the work of inventiveness. Then it has born the theory of intangible goods and with it the discipline of intelectual property in order to protect the human creativity from disloyal competition. Intelectual property includes the rights over intangible goods and it can be summarized in two categories: the industrial property and copyright. There are some intangible goods that because of their special characteristics are not protected by intelectual property. One of these intangible goods is corporate secret. Given the importance that have generated the human knowledge in world economies the tendency is to globalize the implementation of international instruments covering all intellectual manifestations of industrial nature including corporate secrets. In this order of ideas the purpose of this research is to develop a study of the Law in Venezuela referred to corporate secret from the Private Law's point of view with the purpose of determining its protective efficiency. In order to acomplish the above it has been developed the following specific objectives: a/ to develop a broad concept of the corporate secret that includes the basic requirements of its institution according to its legal nature. b/ to review the regulations that in the past fifty years have been controlling the corporate secret in Venezuela. c/ to determine the disciplines of Private Law that protect the corporate secret as an instrument of economic development and d/ to consider the regulations that protect the corporate secret in Venezuela's legal order. The methodology used has been the theoretical descriptive, documentary and bibliographical. The study has been nourished of a documentary source using a variety of technologies in terms of procurement, selection and registration of information. This way was handled the study of documents, bibliographic arching, harvesting techniques, preparation of data sheets, signing and underlining and in the written summary was used a critical synthesis and analysis. Finally, the main conclusion resulting from this work is that the legal order governing today in Venezuela turns out to be insufficient for an effective protection. The Venezuelan Law (1991) which regulates the protection of corporate secret against disloyal competition and promotes the exercising of free competition does not include a regulation that summarizes every important characteristic of the institution |
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