Comparison Approach in the Trade Secret's Regime of the Federative Republic of Brazil and Russian Federation

This paper intends to compare the Brazilian and the Russian legislations applicable to the protection of undisclosed information, particularly to what may be defined as a trade secret, as further explained. By analyzing and discussing how each country applies the TRIPS provisions set forth in art. 39 into its national laws, and by studying the relevant case law, this paper pursues to (i) demonstrate the fact that the countries signatory to the same international treaties do not necessarily guarantee a harmonic understanding of what shall be protected and the extent of such protection, and (ii) identify the pros and cons arising from each interpretation. It is worth mentioning that this paper does not focus on discussing the differences between what is perceived as know how, trade secret, savoir-faire and technology around the world (all are being treated as trade secrets herein), but strictly adheres to the protection of the undisclosed information which, subject to the conditions explained in this paper, provides its holder with an advantage before its competitors and is protected in Russia and Brazil