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Know-how is a production secret, any information that is classified as a trade secret, for example, original technologies, skills, knowledge, inventions.

Know-how is a set of data necessary for successful endeavors in any field or profession.

At the moment, there is no common understanding and unified legal regulation of production secrets (know-how) in the world.

The Paris Convention does not mention trade secrets in context. Researchers recognize the TRIPS Agreement as the first document that has international status and provides for the regulation of trade secrets.

Know-how protection legislation is not standardized at the European Union level either.

Sweden has passed a law on the protection of trade secrets. Some member states of the European Union have specific legal provisions governing such intellectual property, while others apply general rules of law. In a number of jurisdictions, trade secrets are subject to unfair competition laws and criminal codes.

When an organization wants to obtain the right to use any unique technical solution or production method monopolistically, it must take care of the legal protection of its know-how from competitors.

There are two ways to protect it: patent and trade secret.

A trade secret is secrecy protection. Unique data is kept secret, but if they become known, it is impossible to prohibit the use of a technical solution. Legal rights to know-how are valid as long as secrecy is maintained.

Sometimes two methods are used for protection at once. The patent protects monopoly rights to general parameters, and the unique features of production are protected by trade secrets.

At the moment, there is no provision for the issue of a title of protection for know-how. Know-how is protected as an object of exclusive right for a period of validity as long as the secret of production is kept.

How to protect know-how?

Protection of commercial secrets is carried out by organizational and legal methods, namely the information protection system and national legislation on the protection of information.


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