morteza shahbazinia; Mansour Eshgpour; ebrahim taghizaadeh
Abstract
Commercial secrets are of economic value and not available to the general public, and reasonable efforts have been made to safeguard its confidentiality. In some cases, after the termination of the employment relationship of the former worker or employee, he or she is the cause for disclosure of the ...
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Commercial secrets are of economic value and not available to the general public, and reasonable efforts have been made to safeguard its confidentiality. In some cases, after the termination of the employment relationship of the former worker or employee, he or she is the cause for disclosure of the commercial secrets. This study, by studying the concept and the nature of commercial secrets and disclosure of commercial secrets responsibility, investigates the civil liability of commercial secrets disclosure by the former worker. The paper uses a descriptive-analytical method and benefits from library sources. As the finding of this paper the author concludes that the commercial secrets are defined as a sort of wealth or property and the access of the former worker to commercial secrets is a kind legal religious trust which can’t be denied and if the former worker (or employee) discloses commercial secrets, the base for his or her civil liability for the disclosure of commercial secrets and quality of distributing liability can be determined by benefiting from the principles of liability such as: usurpation, destruction, unjustified ownership or enrichment, deception and the liability for damages.