Protection of the Trade Secrets in Common law and Civil law from the perspectives of Uzbek law and English law

by Akbar Ismanjanov and Ulugbek Abdullaev


Abstract

Distinctions in arising of the duty of confidence in Civil Law and Common Law has examined with attention to the English law of confidence and Uzbek law on the trade secrets. Substantial reliance of Civil Law on unavailability of confidential information to a third person based on the actions of the owner, as a prerequisite for protection is contrasted with Common law’s protection of open information, communicated in circumstances implying duty of confidence. While Civil law holding owner-centered position, Common Law operating with context bases approach. Implied duty of confidence and objective test of reasonableness can render necessary flexibility to Civil Law, while requirement for reasonable steps would enhance protection of confidential information in Common law.


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