Subject of Know-How Transfer Agreement as a Type of Agreement in Technology Transfer Area

Abstract

Problem setting. The article is devoted to: the analysis of the category of know-how as a form of commercial transfer and the object of intellectual property. The main source of economic development of the country and ensuring its competitiveness in the economy are the results of scientific and technical works, in particular, on an object such as know-how. In Ukraine, in the context of a market economy, entrepreneurs engage in a competitive struggle for the profitability of their business, which to a certain degree depends on the ability to dispose of the results of intellectual activity of a person to which the know-how has long been a part. However, despite the widespread use of know-how through the conclusion of an agreement on the transfer of rights in everyday life, the mechanism of its legal protection has not received the appropriate legislative consolidation, which greatly complicates the solution of problems that arise in everyday practice. Target of research. The purpose of the study is to analyze the category of know-how as an object of intellectual property, transfer of know-how as a form of technology transfer and directly disclosure of the features of the contract on the transfer of know-how as a contractual design in the classification of contracts in the field of technology transfer. Analysis of resent researches and publications. Know-how as an object of intellectual property was studied by such scholars as T. I. Begova, O. V. Dobrynin, A. A. Hakobyan, G. Yu. Stauppf. They were interested in the problem of technology transfer, including about the know-how agreement, Yu. E. Atamanova, O. M. Vinnik, O. M. Davydyuk, G. I. Zhits, Yu. M. Kapitsa, D. S. Makhnovsky , V. S. Milash, E. A. Novikov, B. M. Paduchak, O. S. Trofimchuk, N. M. Fonstein, A. A. Chobot, I. E. Yakubivsky. Article's main body. Today, know-how is a necessary intellectual property object, which thanks to an agreement on the transfer of rights as a regulator, which ensures the steady development of commercialization. Technology transfer and technology commercialization are different processes that can both exist separately from one another and be linked to each other if the technology transfer makes it possible for commercialization. Under this agreement, the object of a know-how must be distinguished - a specific, non-traditional object of intellectual property rights that has the characteristics of confidentiality, which makes it possible to distinguish it from well-known information, and the subject of an agreement on the transfer of know-how under which the communication of information is carried out, knowledge and experience and the right to use know-how. Conclusions and prospects for the development. The author came to the conclusion that the subject of the contract on the transfer of know-how as a type of contract in the field of technology transfer may be the main action that must be taken to achieve the purpose of the contract, which is reflected in the definition of this type of contract - transfer of the acquirer "access rights" to know- how for its further use and know-how as a combination of certain information, knowledge and experience that it belongs to and the necessary acquirer to achieve the purpose of the contract. According to the agreement under study, the author emphasizes that confidential information, scientific and technical knowledge and experience are transferred under the contract on the transfer of know-how and the right to use know-how is transferred.