Abstract
The new economic system requires new legal solutions to ensure legal protection, which is in demand in modern realities of an intellectual property object, the legal regime of which in both international and domestic legislation has not been properly disclosed. In the scientific literature, there are many conceptions of definitions, but the unity in their understanding has not been achieved. The concept of “secret of production” is contained in many laws around the world, but there is no clear definition. Taking into account the multifaceted nature of the definition of “trade secret”, it is quite possible and expedient from a scientific point of view to analyze individual provisions of this phenomenon, taking into account the legal regulation of the protection and protection of exclusive rights to trade secrets. In the study of the essence of the secret of production, the dialectical method was used, which made it possible to comprehensively study the essence of the subject. Generalization of the existing definitions, and the legal framework made it possible to highlight the characteristic features of the studied category: information relates to the scientific and technical sphere, and is also focused on ways of carrying out professional activities; actual or potential commercial value; unknown information to third parties; lack of free access to information; taking reasonable steps to maintain confidentiality; subjects — an individual, an individual entrepreneur, and a legal entity with the exclusive right to use the secret of production; the period of validity of the exclusive right is not limited by law, it is valid as long as the confidentiality of information is ensured. Methods of disposing of exclusive rights to production secrets have been systematized. The necessity of changing the legislation governing the protection of the production secret (know-how) has been substantiated.
Published Version
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