Inventions in the scientific and technical field are not limited to machines and mechanisms that can be touched by hands. There are also intellectual secrets, which include formulas, technical knowledge, methods and methods. These intellectual inventions-secrets are characterized by the legal term "know-how".
Definition of the term "know how"
This term is part of the phrase in English "know-how to do it", which in Russian can be translated: "I know how to do it." In essence, know-how is a trade secret that is subject to trade secret laws. This definition is given by Article 1465 of the Civil Code of the Russian Federation. It says that production, economic, technical, organizational and other information that has commercial value precisely because it is not known to third parties refers to production secrets or know-how. The access of third parties to information constituting know-how is limited by the copyright holder of this information, who has introduced a trade secret regime with respect to this secret.
Signs by which information can be classified as a commercial secret
Of course, not every secret known to anyone can be considered a trade secret. In order for this information to be classified as know-how, it must have several characteristic features. First, they must have such a characteristic feature as the ability to be an object of commercial interest and market turnover. That is, they should be of interest to third parties who are ready to pay some amount for them in order to use this information to achieve their goals or make a profit.
Secondly, information that is positioned as know-how must be protected by the copyright holder by the means provided by the current legislation. The information that third parties can obtain in the public domain or by examining samples of products manufactured using this know-how ceases to be classified as a trade secret. Its owner has the right to establish and control access to this trade secret himself. Persons who have received admission to this information by the decision of the copyright holder are subject to laws on non-disclosure of commercial secrets, since the condition of this access should be the confidentiality of the information received.
The third condition is the efforts of the copyright holder aimed at preserving this trade secret. Those. they must take a number of measures to protect the know-how information from competitors and third parties. These measures can be of a legal, organizational or technical nature and can be used in combination by the rights holder. Non-disclosure clauses may be included in employment contracts with employees; the enterprise may have access control and a regime that delimits access to secrets; special equipment and other technical means of protection can be used.
