Jurisprudential and legal explanation of selling confidential commercial information of the company without permission

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</em> 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