World economic progress does not stand still, demanding more and more new technologies and developments that will allow reaching a qualitatively different level. Know-how is what the growing appetite of large companies can provide, and the developer will find application in any field. Generally speaking, the know-how technique is a collection of certain information, technical or technological innovations. But you should not associate this term only directly with technology, because even organizational or technical information can become an object of protection.
Legal protection know-how
A legal novelty in Russian law is that know-how has been defined in the civil code. This is the secret of production, information of any format, as mentioned above. Security is provided specifically 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 protection document, like a patent. This complicates the procedure for identifying the secret of production. In this regard, an additional burden falls on the contract, which gives the other party the right to use know-how. The subject should be clearly reflected there, otherwise disputes are possible 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 it is they who will use it. For example, now, together, several industries can come to the same technical solution simultaneously. It will be fully and without restrictions applied 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 institute of production secret is still very young and is only developing. In our country, protection is carried out in accordance with the general norms of the civil code. In case of violation of rights, claims for damages may be filed. It is worth noting that criminal law can be applied to offenses. This is due to industrial espionage, when the guilty person can be prosecuted . Also here can be mentioned employees who revealed 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 institute of protection works poorly with regard to know-how. This indicates an 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 the transfer of information, moreover, in violation of the contract. Sometimes this is problematic, sometimes simply impossible, because the one who transfers the know-how does not control the business relations of the counterparty. In this regard, the problem is obvious. Personal trust between the parties remains of great importance. Only in this case can we count on the fair use of the information that is transmitted.