Know-how. Fundamentals and practice
Know-how defines confidential information with some special legal protection rules to follow. In contrast to the exclusive right, for example, that excludes the freedom to operate, to know-how, the law authorizes the right of the know-how owner to demand compensation for losses incurred due to the illegal obtaining or disclosing this information. Know-how protection expands the possibilities of legislation in the field of industrial property and copyright. In particular, a technical solution can be claimed to obtain a patent, or it can be kept secret as know-how. The choice of the form of protection depends on the possibility of the secret solutions disclosed, or due to the solutions created by a competitor independently, the lifetime of know-how technology, the cost of maintaining confidentiality, etc. An appropriate combination of patenting and ensuring the secrecy of a certain piece of information related to technology tends to obtain the best result
Keywords: know-how, trade secret, commercial secret, patent, know-how agreement, option agreement
References
- Fundamentals of Civil Legislation of the Union of Soviet Socialist Republics and Republics. Approved by the Supreme Council of the USSR on May 31, 1991 № 2211-1.
- The Law of the Russian Federation of July 21, 1993 No.5485-1 «About State Secret».
- Federal Law of July 29, 2004 № 98-FZ «On Commercial Secrets».
- The Civil Code of the Russian Federation. Part 4. № 230-FZ of December 18, 2006.
- Yu. I. Buch, M. A. Kolesnikova. Know-how protection (reference and methodological materials). Ed. 3rd, corrected and supplemented. St. Petersburg: SPbGETU “LETI” Press, 2004. 58 p. (Series «Innovative Activities». Issue 29).
- G. Stumpf. Know-how agreement/Translation from German, ed. M. M. Boguslavsky. Moscow: Progress Press, 1976.
