El secreto empresarial, en el Ecuador.

Abstract

The innovative industrial revolution that some media call "digital", shows that the treatment of information, knowledge and also called "know-how" is a new intangible valuation asset that allows you to scale positions in the market. Thus, organizations are called to consider their business secrets of equal worth as intellectual property rights. In this sense, the commitment of confidentiality consists of a legal tool to be implemented with the aim of preventing unfair practices such as the violation of a business secret, which harms the owner and therefore the relations that this holds with third parties, such as workers, suppliers, etc. The international and domestic legal regime proposes a business model in which the right to property in all its forms is guaranteed, and to undertake within the framework of policies that encourage the accumulation of scientific and technological knowledge, as well as establishing sanctioning mechanisms to avoid practices of unfair competition. However, in the development of this academic essay it is evident that there is insufficient regulation regarding the protection of business secrets in an employment relationship, where the employee with access to secret information can occupy it in unauthorized ways, either for their own benefit or of third parties. In this case, it is questionable whether the provisions of the Labor Code and the LORCPM are sufficient, without prejudice to the provisions established in international agreements?.