Judicial Law Views Quarterly (Law Views)

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koosha A, jafari A, khademan M. Confidential Business Information in Jurisprudence and Iranian law. دیدگاه‌های حقوقی 2019; 23 (84) :197-224
URL: http://jlviews2.ujsas.ac.ir/article-1-1117-en.html

As a result of information technology era and possibility of swift access to information, endorsement of Confidential Business Information (CBI) has found an extraordinary importance; whereas the CBI concept and legal warranty in order to support it thoroughly in Iran is not emphasized in the framework of a specific law. This issue has led to legal problems in the trial with allegation of CBI violation and demand for endorsement of it. Accordingly, many parties become victims of adequate provisions lack and suffer from huge damages. Depiction of supporting provisions in order to strengthen contractual and civil liability in this field, will lead to commercial security and investment growth in our country. Consequently, verifying of fundamental-supporting dimensions of CBI in jurisprudence and Iranian law will accelerate the acceptance of this Institution in the form of comprehensive law enactment. In the current research, first of all -in a comparative verification- it is focused on CBI concept in England and Iranian law. Then justified basis of CBI supporting are pointed out in two fields in the title of intellectual possession and private frontage with restriction of jurisprudence and Iranian law. Eventually taking care to liability roots in structure of Iranian law, contractual liability and then civil liability of CBI violation in three fields  based on blame liability, strict liability and absolute liability will be analyzed. The dominant method on current research is based on description and analysis.