Secret, employee inventions and trade secrets: the relationship of legal subinstitutions

The article presents the results of a comparison of the legal sub-institutions of secretinventions, employee inventions, and commercial secrets according to the current state ofdomestic legal regulation. The purpose of the study was to analyse the relationship betweenthese sub-institutes in national legislation, identify their commonalities and differences,and develop recommendations for improving their effectiveness. The study andcomparison of these legal sub-institutions were conducted by examining the regulatoryand legal framework in this area, particularly legislation in the fields of intellectual property,information, labour, and competitive legal relations. The advantages and disadvantagesof secret inventions, employee inventions, and commercial secrets as mechanismsfor protecting various objects of patent law are highlighted. The analysis concludes thatthese legal sub-institutes are interdisciplinary in nature. Employee and secret inventions,in particular, are sub-institutes within the broader institute of inventions. In a marketeconomy, gaining an advantage through new technologies can be decisive, allowing one tooutpace competitors. Choosing the appropriate methods to protect intellectual propertyrights is crucial to avoiding future issues. The article concludes that the Ukrainian legalsystem requires legislative improvement and modernization to align with contemporarydemands, particularly considering the established protection mechanisms in industriallydeveloped states and international organizations. Specific suggestions for improving thesesub-institutes are proposed, such as the urgent implementation of EU Directives relatedto commercial secrets, which would enhance the protection mechanisms for this area oflaw. Additionally, it is recommended to impose criminal liability for the improper use ofthese legal sub-institutes. The research has further prospects, as a comprehensive analysisand comparison of these legal sub-institutes with their counterparts in industrially developedcountries would be beneficial.