Bagher Ansari
Abstract
trade secrets law protect all types of information and innovations without considering the need for a specific quality such as the originality or novelty of the information and without any prior review. This protection, without granting exclusive rights to the owner of the secrets, is done only against ...
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trade secrets law protect all types of information and innovations without considering the need for a specific quality such as the originality or novelty of the information and without any prior review. This protection, without granting exclusive rights to the owner of the secrets, is done only against three actions, namely improper disclosure, possession and use. The subject of this article is to study the limits of protection of secrets against improper disclosure: What is meant by improper disclosure and how and by what criteria can a distinction be made between proper and improper disclosure? To this end, by studying and inferring into the laws and jurisprudence of different countries, especially the EU directive on trade secrets (2016) and US law, first, different hypotheses of disclosure of trade secrets, are categorized in five categories of disclosure to competitors, mandatory disclosures, disclosure to Foreign states, disclosure to the public and disclosing as a Whistleblower. then the criteria and conditions for recognizing proper and improper disclosures are explained separately in each case. Criteria that, if adhered to, could protect the public policy and the private interests in a balanced way.
Ali Jafari; Mohammad Reza Rahbarpour
Abstract
The importance of the violation of data privacy is due to technological developmentsand possibility of more violation of privacy. Civil liability of violating data privacyis more complicated than civil liability of evading other subjects of privacy such ascorporeal or physical privacy, locative privacy ...
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The importance of the violation of data privacy is due to technological developmentsand possibility of more violation of privacy. Civil liability of violating data privacyis more complicated than civil liability of evading other subjects of privacy such ascorporeal or physical privacy, locative privacy and communications privacy. Thisarticle, despite other subjects, discusses exploitation of the issue and annihilation ofdata privacy. Some lawyers believe in ownership of data privacy. These two issues(annihilation of data privacy and considering data privacy as property), turn thedirection of discussions about civil liability of evading data privacy.The present paperrepresents the concept of data privacy and discusses the three bases of civil liabilityof violating data privacy. In addition, ownership theories and annihilation of dataprivacy and also the effect of these two issues on civil liability of violating dataprivacy will be investigated. Finally, we study data privacy torts, civil wrongs whichcause civil liability of data privacy violation.
Morteza Shahbazinia; Parya Maleknia
Abstract
The high level of confidentiality is the most important feature ofmediation. In fact, confidentiality is at the heart of mediation. In thisarticle, the safeguards of confidentiality in mediation is examined frominternational perspective by comparing UNCITRAL Model Law onInternational Commercial Conciliation ...
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The high level of confidentiality is the most important feature ofmediation. In fact, confidentiality is at the heart of mediation. In thisarticle, the safeguards of confidentiality in mediation is examined frominternational perspective by comparing UNCITRAL Model Law onInternational Commercial Conciliation 2002, The European Directive onCertain Aspects of Mediation in Civil and Commercial Matters 2008,WIPO and relevant ICC rules. This study demonstrates that the mainprinciple of mediation is based on confidentiality and therefore, itsexceptions should be limited and interpreted narrowly. To promotemediation, it is necessary to provide rules dealing with the confidentialityof information exchanged in the mediation process in the best possiblemanner. At the same time, the advantage of confidentiality should not bemisused by opportunists.
