Know-how is the engine of progress

World economic progress does not stand still, demanding more and more new technologies and developments that will allow us to reach a qualitatively new level. Know-how is something that can ensure the growing appetite of large companies, and the developer will find a use in any field. Speaking generally, the know-how technique is the collection of certain information, technical or technological novelties. But it is not necessary to associate this term only directly with the technique, because even organizational or technical information can become the object of protection.

Legal protection of know-how

The legal novelty of the Russian legislation is that in the civil code the know-how was determined. This is the secret of production, information of any format, as already mentioned above. Protection is provided with classified information.

Features

It is important to know that know-how is a secret that is not subject to state registration. At the same time there is no special document of protection, like a patent. This complicates the procedure for identifying the very secret of production. In this regard, the additional burden is placed on the contract, which grants the right to the other party to use the know-how. There must be a clear reflection of the subject, otherwise there may be disputes in the future. Let's say that the secret of production is not the exclusive right of an individual. Several people can take part in its development, respectively, and they will use it. For example, now together several productions can come simultaneously to one technical solution. It will be fully and unrestrictedly extended to all firms.

Protection standards

Not only in Russia, but also in other developed countries there is no special law that would protect know-how. This is due to the fact that the institution of the production secret is still very young and only developing. In our country, protection is carried out in accordance with the general rules of the Civil Code. In case of violation of rights, claims for damages may be filed. It should be noted that criminal law may be applied in the part of offenses. This is connected with industrial espionage, when the guilty person can be brought to criminal liability. Also here you can mention employees who disclosed the secret of production. But from the point of view of the evidence base, it is very difficult to attract these individuals.

Problems

Researchers note that the defense institute works poorly with respect to know-how. This indicates that there is insufficient development of existing standards for proper protection. Even if the fact of use was discovered, it is still necessary to prove the fact of information transfer, and with violation of the contract. Sometimes this is problematic, sometimes it is simply impossible, because the one who transfers the know-how does not control the economic ties of the counterparty. In this regard, the problem is obvious. Of great importance is personal trust between the parties. Only in this case can we expect the fair use of information that is transmitted.