Overview on trade secrets in iran law and international documents with approach criminal protection

Abstract

Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified. Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.1 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola.2 The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day. Aims of the rights of trade secrets is to protect owner’s secret against Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified3 Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.4 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola. The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day.5 Aims of the rights of trade secrets is to protect owner’s secret against possess or illegal use. Trade secrets to support the development of new ideas is essential importance that, of course, easy access, ease of abuses and full benefits from it, among other features that this type of intellectual property is more susceptible to misuse spiritual and material placed so it requires effective suppuration. Ensure effective implementation of the rights of trade secrets and avoid infringing on the rights they are entitled to support.6 Rights in order to guarantee of the various tactics and strategies is called performance guarantee. This study intends to protect the rights of the criminal trade secrets to examine therefore; this study is organized in the following four issues are taken into account.7