ВИКОРИСТАННЯ НОУ-ХАУ – ДОСВІД НАДНАЦІОНАЛЬНИХ ОРГАНІЗАЦІЙ

Abstract

Various interpretations of the concept of "know-how" are presented in the fundamental international legal documents. The author noted that know-how is not the result of intellectual activity. The purpose of the work is to study the international experience of regulating the use of know-how. The research methods used are as follows: comparison, classification, elucidation of causal relationships, systematization, analysis of documentation and results of researchers on the problem of the study. The author stated that the need to ensure competitiveness and attract investment requires revising a significant number of legal norms. The author stipulated that the harmonization of legal regulation at the European level in the field of protection of trade secrets is one of the areas of EU legal policy aimed at developing the internal market and cross-border commercial activities. The author determined that differences in the national legislation of individual EU member states put the owners of trade secrets in a problematic position to establish the content of their subjective rights. The author stated that the protection of trade secrets in the EU does not grant the right of use but rather protection against illegal access. The author stated that the employer must take measures to restrict and prohibit the disclosure by employees of information in respect of which the regime of trade secrets has been introduced. The author stipulated that the employment contract is not enough to maintain and requires an additional agreement on the intellectual activity of the employee, registration and use of results, consolidation of intellectual property rights and rights to obtain patents for service inventions and utility models for the employer. The main forms of transfer of results of intellectual activity are characterized. Measures for the formation and further use of the Eurasian technology transfer network of the member states of the Eurasian Economic Union are outlined.