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Comparison of Legal Regulation of Secret of Production (know-how) in the Legislation of Russia and the USA

Student: Vozzhaeva Svetlana

Supervisor: Valentina Sinelnikova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

This paper is about determination of distinctive features of secret of production (know-how) in the legislation of Russia and the USA. Today it is impossible to imagine an entrepreneurial activity that would not be based on secrecy, which allows maintaining a competitive advantage. Everyone is interested in the uniqueness of his business, on which financial performance is based. It is the secret of production is the main achievement of its copyright holder. The aim of the study is a civil law analysis of the production secret as a legal category in the legal systems of the Russian Federation and the United States to identify common features, as well as differences and obtain a scientific and practical result in the form of proposals aimed at building a new theoretical platform that can be implemented in the legal system RF. While writing the work, general and specific methods were used. The main results of the study are presented in the form of conclusions submitted to the defense. First of all, the secret of production is an obligation that is assumed by the parties to a particular contract. Secondly, the disclosure of information constituting the know-how is not an absolute condition for the loss of the exclusive right to the specified object. It is necessary to take into account the circle of persons to whom such information has become known, as well as the period when it was disclosed, whether these events led to financial losses from the copyright holder. Moreover, Civil Code of the Russian Federation contains two types of intellectual property: the results of intellectual activity and equivalent means of individualization. Despite the fact that the production secret is included in the list of 16 objects, it cannot be attributed to any of the two listed types. Finally, in connection with the development of information technologies, new types of production secrets are emerging, which in foreign countries are commonly called show-how.

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