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Information law. Know-how (most important)

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41. KNOW-HOW

know-how law not yet. The draft law "On Commercial Secrets" defines the basic concepts:

▪ information constituting a trade secret (hereinafter referred to as trade secret), scientific, technical, technological, commercial, organizational or other information used in economic activity, including know-how, which has actual or potential commercial value due to its knowledge to third parties that could benefit from its disclosure or use, to which there is no free access on a legal basis and in relation to which legal, organizational, technical and other protection measures are taken adequate to its value;

▪ know-how - results of intellectual activity protected as a trade secret that can be transferred to another person and used by him legally, including unpublished scientific and technical results, technical solutions, methods, methods of using technological processes and devices that are not are provided with patent protection in accordance with the law or at the discretion of the person legally possessing such information;

▪ holder of a trade secret - an individual or legal entity who legally possesses information constituting a trade secret and the corresponding rights in full;

▪ confidant of a trade secret - an individual or legal entity who, by virtue of his official position, contract or other legal basis, knows the trade secret of another person;

▪ trade secret regime - a system of legal, organizational, technical and other measures taken by the holder of a trade secret and the confidant of a trade secret to ensure limited access to relevant information;

▪ carriers of trade secrets - material objects, including physical fields, in which information constituting a trade secret is displayed in the form of symbols, images, signals, technical solutions and processes;

▪ disclosure of a trade secret - an act (action or inaction) that is committed in violation of the law or contract (including labor contract) and as a result of which the trade secret became known to third parties. The author of know-how has the right of authorship (the right to be recognized as the author of know-how).

The property rights of the know-how owner include the right to:

▪ use know-how in your own production of goods (works or services);

▪ transfer property rights to know-how to another person under a contract;

▪ transfer under a contract the right to use know-how;

▪ receive monetary rewards from the use of know-how.

Property rights to know-how arise by virtue of the fact of its creation and the adoption of measures to protect know-how. For the emergence of property rights to know-how, no formalities are required (registration, obtaining a certificate, etc.).

Property rights to know-how created in the course of performing a job assignment belong to the employer, unless otherwise provided in the contract between him and the employee (author of the know-how).

When using know-how in the employer's own production or when selling a license to use know-how (know-how author), remuneration is paid.

Author: Yakubenko N.O.

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