"Adl va Ensaf" Comparative Law Researches Quarterly
"Adl va Ensaf" Comparative Law Researches Quarterly

The function of the confidentiality agreement in international trade

Document Type : Original Article

Author

Mohammad Taheri

Ph.D. student of private law, Tehran central branch, Islamic Azad University, Tehran, Iran.

10.22034/aeclr.2022.310203.1070
Abstract
The protection of trade secrets leads to absolute or comparative commercial advantage. Trade secrets are a kind of intellectual property that has a broad and absolute meaning in international trade law. Although The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have had recognized trade secrets, its protection condition is keeping the secrecy of trade secrets in addition to Trips is not accepted by all countries; so merchants for protection of their trade secrets, use confidentiality agreement anyway but in international trade which there is no would wide law or convection the problem is that: how using a confidentiality agreement could protect trade secrets in the best way? This inquiry that is done by descriptive and analytical methods has illustrated which by not only determining commitments and penalty clauses in a contract but also by using an arbitrary agreement, protection of trade secrets in the best way is possible.

Keywords

agreement
confidentiality
trade
international
trade secrets
Volume 4, Issue 14
Autumn 2021
Pages 7-31

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