Regulación jurídica de los secretos empresariales, comerciales o de fábrica en Colombia
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Acuña Benjumea, Lina Marcela | 2014
When I started to do this monography for having for the title of lawyer, It allowed greater
accuracy is given to the importance of the concept of business Secret , commercial or Factory in
Colombia, which consists of any information that has not been disclosed and it is in the hands a
natural or legal person lawfully . It also allows us to know that for having this information like a
part of this kind of secrets, it is necessary that it can be used to allow productive activities,
industrial or commercial, thus being liable to be transmitted to a third party, provided that it
meets the requirements established in Decision 486 of the Andean Community in 2000, such as:
1. The information cannot be generally known, 2. This information should represent a
commercial value and 3. Opting for measures required to maintain the information in his
capacity as Secret. This kind of secret also covers industry Secrets because to contain a technical
nature, so such as trade secrets are oriented formulas, models or methods of doing business.
The Colombian State with the present 1991 Constitution, has been devoted to defining
what people must have in secret or confidentiality the business secrets, commercial or Factory,
including in this case to the persons listed as direct owners of the right to privacy ; third persons
authorized by the right holder; and other case is when in spaces like conventions to convey
expertise , technical assistance, provision of basic or detailed engineering , where is feasible to
set confidentiality clauses to protect trade secrets, considering that the confidentiality clauses
cannot thwart competition free.
LEER