Abstract:
Managers' knowledge of the Company's confidential business information allows them to illegally increase their assets by selling the information without permission and provide a more limited opportunity for the business to seize opportunities and acquire wealth. Therefore, the present study seeks to examine how the rights of the company in the above mentioned assumption are realized and to explain the position of the jurisprudential and statutory law system towards that wealth. The present study, which has been carried out in a descriptive, analytical method and by studying and investigating the opinions of Imamiah jurists and Iranian lawyers, shows that there is a jurisprudential disagreement regarding the recognition of patents, which can be part of confidential commercial information. Also, lawyers do not agree on the sale of company information without permission; some, under the influence of foreign law, have recommended the return of acquired wealth. Another spectrum seeks to realize the right through the rule of “loss”. Confidential commercial information is considered property due to the use of three features: usefulness, possessability and economic value, therefore, if the information is sold without permission, it will be ineffective and if it is enforced, the refund will be acceptable. Provided, however, that the information is within the competence of the company and belongs to it. Also, in case of rejection, the buyer's awareness of the information is considered as a defect and loss
Machine summary:
Confidential business information, given its possession of three characteristics—being useful, being capable of ownership, and having economic value—is considered 'mal' (property); therefore, in the event of an unauthorized sale of such information, the transaction is non-executable (voidable), and in the event of its validation, the restitution of the price will be acceptable.
In order to achieve the above objective and secure the company's rights, this writing is organized into three parts: in the first step, the concept of property (mal) and confidential business information is examined, then whether such information falls under the scope of the concept of property is investigated, and finally, after presenting various jurisprudential and legal theories, an opinion will be expressed regarding the aforementioned transaction.
(Haeri, 1379: 97) Based on the above opinion, if the Wali al-Faqih does not see the interest in recognizing such a right for the inventor, the company manager can sell the confidential information related to the invention, and the buyer can also make commercial use of that phenomenon.
In support of this view and in rejection of the opinions mentioned regarding the non-recognition of the inventor's right and the recognition of this right based on the opinion of the Wali al-Faqih, in addition to what was previously mentioned regarding the property status of confidential commercial information and the possibility of owning it, one can rely on the provisions of the rule of La Darar (no harm), because considering the unauthorized sale of information related to an invention...
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