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Title

To the question on the concept of production secret (know-how) in the civil legislation

Autors

VASILYEV Vladimir Valerjevich

associate professor of the Department of Civil Law of Tver State University, candidate of law. 170100, Tver, 33 Zhelyabov Street. E-mail: pdvv@mail.ru

KAPLUNOV Ivan Aleksandrovich

vice-rector for scientific and innovation activity of Tver State University, doctor of technical sciences, professor. 170100, Tver, 33 Zhelyabov Street. E-mail: innovation@tversu.ru

KOLESNIKOVA Olga Yurievna

head of Department of Intellectual Property of Tver State University. 170100, Tver, 33 Zhelyabov Street. E-mail: oli.koles@tversu.ru

Section

Civil law

Issue

7/2012

Page

75-77

index UDC

347.23 + 347.12

index LBC

Х404.022 + Х404.321

Abstract

The article is devoted to the problem of the definition of production secret (know-how) in the civil legislation of the Russian Federation. The article analyses the main features that allow consideration of know-how as a special object of civil rights, the paper makes a conclusion on the necessity of specification of the civil legislation of this concept. It is appropriate to recognize as production secrets only the information in scientific-technical sphere and information on methods of performing professional activity. In conclusion the article offers the author's definition of production secret (know-how), which can be supported by law by means of changing the Article 1465 of the Civil Code of the Russian Federation.

Keywords

production secret, know-how, information, trade secret, protection of know-how, the Civil Code of the Russian Federation, the object of civil rights.

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