Know-how

The data of any character (production, technical, economic, organizational and others), including intellectual activity results are recognized in the scientific and technical sphere and also data about professional activity implementation which have real or potential commercial value due to the fact that it is owing to unknown to the third parties and have no free legal access and whose data have been introduced a trade secret regime (know-how).

The owner of know-how possesses exclusive right of its use according to article 1229 of Civil Code # 4 of the Russian Federation in any way (exclusive know-how rights) which isn't contradictory to the law, including products production and economic and organizational implementation decisions. The owner of know-how can dispose the specified exclusive rights.

A person who has become honestly and irrespective of others know-how, the owner of the data maintains the protected know-how acquires independent exclusive right to this know-how.

The exclusive right to know-how works until the data confidentiality contents remains. From the moment of confidentiality loss of the corresponding data, the exclusive right to know-how to all owners ceases to function.

In case the know-how is received at implementation of the contract for research performance, developmental or technological works or on the government or municipal contract for the state or municipal needs, the exclusive right to such know-how belongs to the contractor (performer) if the relevant contract (government or municipal contract) otherwise has not been provided.

In case know-how is received when working under the contract signed by the main manager or the manager of budgetary funds with federal state institutions, the exclusive right to such know-how belongs to the contractor (performer) if by the contract it isn't established that this right belongs to the Russian Federation.

The exclusive right violator of know-how, including person who has illegally received the know-how data or used these data and also the person obliged to keep know-how confidentiality according to paragraph 2 of article 1468, paragraph 3 of article 1469 or paragraph 2 of article 1470 of Civil Code # 4 of the Russian Federation is obliged to pay damages caused by violating the exclusive right to know-how if other responsibility is not provided by law or the contract with this person.

The person who used know-how and did not know and did not owe the know-how that its use is illegal including getting access to the know-how accidentally or by mistake, does not bear responsibility according to paragraph 1 of the current article.

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