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March 2016 (published: 30.03.2016)
Number 1(24)
Home > Issue > The know-how protected as a result of intellectual activity of entrepreneurs
Yablokova I.V. , Volkov S. D.
In article the author considers the production secret (know-how) as the protected results of intellectual activities of entrepreneurs, performs a lexicographical study of the meanings of words and expressions that define the terminology of the object under study, comparative study object with characteristics related to the results of intellectual activity and allocates its qualifying features. Given a scientific discussion, containing different views of researchers of problems of legal regulation of relations arising in the use of trade secrets (know-how), reveals the lack of a unified point of view and the presence of diametrically opposite judgments as to the content of the investigated object of intellectual property rights, its characteristics, and in the matter of the determination of authorship of the secret of production (know-how). The article focuses on the fact that the secret of production (know-how) is a protected results of intellectual activities of entrepreneurs in the absence of a sign of exclusivity. Under the sign of exclusivity the author understands the ability to exclude any person from the use of protected results of intellectual activity. The main feature of know-how is its privacy. Confidential information constituting know-how, will have legal protection because of their commercial value, unknown to third parties, lack of access to legally and imposed on them the commercial secrecy regime. At the same time the loss of confidentiality of know-how leads to the termination of the exclusive right to a secret of production of all holders of know-how, indicating the absence of a sign of exclusivity the right know-how.
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Keywords: production secret, manufacturing secrets, know-how, result of intellectual activity, the entrepreneur, trade secrets, confidential information, intellectual property rights.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
UDC 346.7
The know-how protected as a result of intellectual activity of entrepreneurs
In article the author considers the production secret (know-how) as the protected results of intellectual activities of entrepreneurs, performs a lexicographical study of the meanings of words and expressions that define the terminology of the object under study, comparative study object with characteristics related to the results of intellectual activity and allocates its qualifying features. Given a scientific discussion, containing different views of researchers of problems of legal regulation of relations arising in the use of trade secrets (know-how), reveals the lack of a unified point of view and the presence of diametrically opposite judgments as to the content of the investigated object of intellectual property rights, its characteristics, and in the matter of the determination of authorship of the secret of production (know-how). The article focuses on the fact that the secret of production (know-how) is a protected results of intellectual activities of entrepreneurs in the absence of a sign of exclusivity. Under the sign of exclusivity the author understands the ability to exclude any person from the use of protected results of intellectual activity. The main feature of know-how is its privacy. Confidential information constituting know-how, will have legal protection because of their commercial value, unknown to third parties, lack of access to legally and imposed on them the commercial secrecy regime. At the same time the loss of confidentiality of know-how leads to the termination of the exclusive right to a secret of production of all holders of know-how, indicating the absence of a sign of exclusivity the right know-how.
Read the full article
Keywords: production secret, manufacturing secrets, know-how, result of intellectual activity, the entrepreneur, trade secrets, confidential information, intellectual property rights.
DOI 10.17586/2310-1172-2016-9-1-144-154