2-1(82) 2014 LAW
A. A. Serebryakov
System of Ways of the Exclusive Right Disposal to Trade Secret (Know-How)
The article deals with the ways of exclusive right disposal. The author proposes to pick out some groups of the ways of exclusive rights disposal based on such criterion as civil legal rules location in the Civil Code of Russian Federation structure. The author notes that modern legislation does not set up any restrictions to choose possible ways of exclusive right disposal to trade secret (knowhow), that is why such restrictions can follow only from the exclusive right to trade secret (know-how) essence. The article contains general analysis of possible ways of the exclusive right disposal and analysis of the exclusive right to trade secret (know-how) peculiarities, the author compares achieved results subsequently. The author attempts to substantiate point of view that the rightholder can dispose his exclusive right to trade secret (knowhow) by some certain ways only. One of the main theses of the article is that the rightholder of exclusive right to trade secret (know-how) can waive his right unlike rightholders of exclusive rights to other results of intellectual activity and trademarks. The author proposes the system of possible ways of the exclusive right disposal to trade secret (know-how).
DOI 10.14258/izvasu(2014)2.1-27
Key words: intellectual property, trade secrets, know-how, exclusive rights, disposal of the exclusive right
Full text at PDF, 256Kb. Language: Russian.
|