global economic progress does not stand still, demanding more and more new technologies and designs which will enable to reach a qualitatively new level.Know-how - this is something that can meet the growing appetite of large companies, and the developer will find application in any field.Generally speaking, the technique know-how is a collection of certain information, technical or technological innovations.But do not associate the term only directly with the technique, because even organizational or technical information, may be subject to protection.
legal protection of know-how
legal novelty of the Russian legislation is that the Civil Code has been identified know-how.This is the secret of production, details of any size, as mentioned above.Security is provided classified information.
Features
important to know that the know-how - it's a secret, which is not subject to state registration.At the same time, there is no special document protection, as in the patent.This complicates the procedure of identification of the trade secret.In this regard, the additional burden falls on the contract, which gives the right to the other side to use the know-how.There should be clearly reflected object, otherwise there could be future disputes.Let's say that the secret of production is not the exclusive right of the individual.Its development can participate, and several people, respectively, and they will enjoy.For example, now with several industries may come at the same time to the same technical solution.It will be in full and without any restrictions apply to all firms.
norms protecting
not only in Russia but also in other developed countries, there is a special law that would protect the know-how.This is due to the fact that the institution of trade secret is still very young and just developing.In our country, the protection is carried out in accordance with the general rules of the Civil Code.In case of violation of rights may be filed claims for damages.It is worth noting that part of the offense may apply criminal law.This is due to industrial espionage when the offender can be prosecuted.You could also mention the employees who disclosed the secret of production.But in terms of evidence to bring these people is very difficult.
problems
The researchers note that the institution is working to protect the weak against the know-how.This suggests a lack of development of existing standards for proper protection.Even if you find the fact of use, must also prove that the transmission of information, and breach of contract.Sometimes it's difficult, sometimes impossible, because the one who sends the know-how, does not control the economic relations of the counterparty.In this connection, the problem is obvious.Great value remains in the personal trust between the parties.Only in this case, you can count on the fair use of information that is transmitted.
