Abstract
Based on the fact that modern business is moving away from the practice of industrial espionage, and towards a civilized way of obtaining information - competitive intelligence, which uses the information obtained entirely from official sources, it can be recognized as a strategy that actively strengthens its position in the structure of modern companies around the world. Based on the analysis of scientific literature, as well as standards of international and national law, the article specifies signs of unfair competition, including the specific actions of illegal competition taken by economic cooperators, which violate the law, trade practices, requirements of integrity, reason and justice. The authors specify the manifestations (forms) of “economic war”, economic (industrial) espionage and illegal intelligence methods that violate the Criminal Code of the Russian Federation. The article describes the relationship between sources of confidential information and actions that lead to the acquisition of this information by perpetrators. In conclusion, it is proposed that the overwhelming amount of information that is necessary for competitors can now be obtained by using legal methods - through publications that are openly available; public presentations of employees; exhibitions; data from commodity and stock exchanges. The list of data that must be officially published by the organization is constantly expanding.
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References
Bloom, D., Dedijer, S.: The Guardian, 11 August 2004. https://www.theguardian.com/news/2004/sep/01/guardianobituaries.obituaries. Accessed 04 Feb 2019
Dadalko, V.A., Sarycheva, A.S.: Features of criminalization of commercial bribery and espionage. Int. Publ. Private Law (5), 24 (2017)
Gireva, I.V.: From industrial espionage to benchmarking. Innov. Dev. Econ. (4–5), 164 (2013)
Kapustin, A.Ya.: International models of competition regulation: to the problem statement. J. Russ. Law (1), 15–24 (2017)
Kochieva, A.K., Nesinow, D.A.: Hyper-competition and industrial espionage as a means of achieving international economic superiority, Science and education: economy; entrepreneurship. Law Adm. (12), 7 (2014)
Kravtsov, A.A., Zhelnov, I.I.: On industrial and economic espionage, as well as unfair competition. Mir Nauki (1), 15 (2014)
Malakhovskaya, M.V.: Competitive Intelligence: Textbook, p. 103. SPb: its “Interlude” (2016)
Model law for developing countries on marks, trade names, and acts of unfair competition, 118 p. United international bureau for the protection of intellectual property (BIRPI), Geneva (1967)
Odintsov, A.A.: Economic and Information Security of Entrepreneurship: Textbook, p. 211. Izd-vo IIC MSUDT (2008)
Paraschuk, S.A.: Unfair competition: the contents and legal means to halt them: dis. … kand. The faculty of law, p. 16. Sciences (1995)
Povetkina, N.A., Pyatkovskaya, Yu.V., Truncevsky, Yu.V., Ryzhova, E.V.: Monitoring the corruption-generating factors and the effectiveness of corruption prevention measures in tax authorities. Russ. J. Criminol. 12(5), 641–650 (2018). (in Russian)
Sivakov, D.O., Sevalnev, V.V.: Corruption risks in the use and protection of water bodies. Russ. J. Criminol. 13(2), 234–242 (2019)
Soyfer, T.V.: Prohibition on concerted actions of economic entities as a basis for limiting the freedom of contract. J. Russ. Law (1), 29–38 (2017)
Yarochkin, V.I.: Security Firm. Axis-89, pp. 168–169 (2003)
Zyukin, S.G.: World experience of industrial espionage. Probl. Mod. Econ. (7), 145 (2012)
Inshakova, A., Frolov, D., Kazachenok, S., Maruschak, I.: Institutionalization of intellectual property on resource-saving technologies and materials: a comparative institutional study of USA and Russia. J. Adv. Res. Law Econ. VII(6(20)), 1373–1382 (2016)
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Sevalnev, V.V., Trunzevskiy, U.V., Tsirin, A.M. (2020). Illegal Receipt of Information Containing Trade Secrets (Commercial Espionage) as a Threat to Fair Competition. In: Popkova, E., Sergi, B. (eds) Scientific and Technical Revolution: Yesterday, Today and Tomorrow. ISC 2019. Lecture Notes in Networks and Systems, vol 129. Springer, Cham. https://doi.org/10.1007/978-3-030-47945-9_131
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