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1 Ekonomia - Uniwersytet Ekonomiczny we Wroclawiu

1 2013

1 Nowak O.

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Instytucjonalna ochrona tajemnic przedsiębiorstwa w wybranych krajach. Wnioski dla Unii Europejskiej

100%

Nowak O.

nr 4 (25)

103-119

There are many assets that give companies strength, capabilities, potential, and business advantage over the competition. These assets must be adequately overseen, protected and maintained. One of the examples of such a critical organization resource is information that may have a form of so-called intellectual property. Intellectual property (intangible assets in the form of information) has become significantly important in relation to the processes of international trade development, technology transfers, and globalization. A lot of authors, including many recognized authorities in law, management and/or economics, recognize intangible assets as key resources of the enterprise, that enable achieving a sustainable competitive advantage (the company’s ability to offer more favorable terms and conditions of purchase to its customers, and consequently reap greater benefits than other market players). Hence the need for their adequate protection, especially taking into account multiple threats coming out of globalization of trade and international economic cooperation. Many activities in this area belong to the company itself. However; the legal framework of intellectual property protection that is properly designed can foster the promotion of innovation in industry, and conflict-free operation of international trade. Therefore, the main purpose of this article is to present the role of intangible assets in today’s economy and provide an overview of the major differences in protection and law enforcements provided by state institutions in selected countries. Wherein, the definition of intangible assets - due to width and depth of the research area - has been limited to confidential business information (often also referred to as trade secrets or business secrets). By trade secrets we generally mean undisclosed to the public technical, technological, commercial or organizational information, that an owner has taken the necessary action to maintain its confidentiality. In other words, they are confidential information of commercial or economic value, maintained by their covert nature, where the owner has taken appropriate measures to protect them, for example, by forcing confidential agreements or through restrictive terms of access to essential technical knowledge, such as know-how.