Know-how as an institution for the protection of commercial information

Abstract

The development of technologies has been growing rapidly lately, and with it the need for their protection is growing. Modern legal regulation provides for several options for protecting information about their developments. The most effective and modern is the know-how institute. The subject of the study is know-how and a similar regime - a trade secret. The comparison of these institutions at the level of different legal systems and legal systems is carried out. The main criteria for distinguishing these terms are revealed. In addition, the analysis of the terms of agreements on the alienation of know-how was carried out. And the main problems in specifying the conditions in the know-how alienation agreement have been identified. The novelty of the study lies in the fact that for the first time the explanations necessary for the conclusion of a contract on the alienation of know-how are presented. The risks of concluding such contracts are analyzed and a decision on minimizing risks for all parties to the contract is presented. The analysis of theory and practice was not limited to the Russian Federation. The analysis of the legal regulation of know-how and trade secrets in the UK, USA and Germany is presented. Conclusions are drawn about the difference in the legal regulation of know-how and trade secrets, including in the scope of liability. However, the use of the institute of know-how provided by the introduction of a trade secret regime seems to be the most effective for the protection of confidential information.