Know-How in Russia
Pursuant to Article 1465 of the Civil Code of the Russian Federation, the following is recognized as know-how:
- information on manufacturing;
- technical data;
- economic data;
- organizational data;
- results of intellectual activity in the scientific and technical field;
- information on methods of carrying out professional activities;
The legislation does not provide any specific requirements for the actual content of the information relating to know-how. Its main characteristic is its commercial value.
The commercial value of know-how stems from its secret character.
State registration is not required for the occurrence of the right to know-how and its disposal; there are no restrictions regarding the territory and duration of the right.
The owner of the know-how has the right to use it in any lawful way. The IP right to know-how is valid as long as the confidentiality of the information constituting its content is maintained.
In case of assignment of the IP right to know-how, a party which assigns its right is obliged to maintain the confidentiality of the procedural knowledge until the IP right to know-how ceases to exist.
Recognition of relevant information as know-how is performed by the rights holder. Exceptions to this rule are established in Article 5 of the Federal Law “On Commercial Secrets.”
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