THE RIGHT TO THE SECRET OF PRODUCTION (KNOW-HOW), RIGHTS ON...

RIGHT TO THE SECRET OF PRODUCTION (KNOW-HOW)

In Ch. 75 GK regulated the relationship associated with secret production (know-how, from English know how - to know how).

In accordance with Art. 1465 CC the secret of production (know-how) is information of any nature (industrial, technical, economic, organizational and others), including the results of intellectual activity in scientific and technical sphere, as well as information on the ways of carrying out professional activities that have real or potential commercial value because of their unknownness to third parties to which third parties do not have free access on a legal basis and in respect of whom the holder of such information a regime of commercial secrecy was introduced.

The holder of the production secret has the exclusive right to use it in accordance with Art. 1229 Civil Code in any way not contradicting the law way (exclusive right to the secret of production), including in the manufacture of products and the implementation of economic and organizational solutions. The holder of the production secret may dispose the specified exclusive right.

A person who has become conscientious and independent of other holders of the secret of production by the holder of information constituting the content of the protected production secretion acquires an exclusive right to this production secret (clause 2 of Article 1466 GK).

As provided in Art. 1467 CC, the exclusive right to the secret of production is valid as long as confidentiality of information is maintained. From the moment of loss of confidentiality of the relevant information, the exclusive right to the production secret is terminated by all copyright holders.

The Civil Code provides for the possibility of concluding an agreement on the alienation of the exclusive right to the secret of production (Article 1468) and a license agreement on the right to use the production secret (item 1469).

In Art. 1470 and 1471 of the Civil Code refer respectively to the business secret of production and the secret of production obtained from the performance of under the contract.

In accordance with paragraph 1 of Art. 1472 of the Civil Code the violator of the exclusive right on the secret of production, including the person who illegally obtained the information constituting the secret of production, and disclosed or used this information, and also the person obliged to preserve confidentiality of the production secret in accordance with cl. 1468, paragraph 3 of Art. 1469 or p. 2 of Art. 1470 CC, must compensate for losses , caused by violation of the exclusive right to the secret of production, unless other liability is provided for by law or contract with that person. At the same time, a person who used the secret of production and did not know and should not have known that his use was illegal, including because he had access to the secret of production by accident or by mistake, < strong> not peset responsibility, mentioned above (clause 2, article 1472 GK).

RIGHTS TO MEANS OF INDIVIDUALIZATION OF LEGAL ENTITIES, GOODS, WORKS, SERVICES AND ENTERPRISES

The right to a company name

Institutions of the rights to the means of individualization of legal persons, goods, works, services and enterprises are devoted to Ch. 76 GK.

The means of individualizing a legal entity as a producer of goods, an executor of work or services is its company name. The norms relating to the right to a company name are contained in § I Ch. 76 GK.

In accordance with paragraph 1 of Art. 1473 Civil Code, a legal entity that is a commercial organization, acts in civil circulation under its trade name which is determined in its constituent documents and includes in the Unified State Register of Legal Entities for the state registration of a legal entity. According to clause 2 of the same article, the firm name of the legal entity must contain:

1) an indication of its organizational and legal form;

2) the actual name of the legal entity that can not consist only of words indicating the nature of the activity. For example, the firm name of a general partnership (partnership on faith) must contain either the names of all its participants (full comrades) and the words "general partnership" ("partnership on faith" or "limited partnership"), or the name (name) of one or more participants (full partners) with the addition of the words and the company and the words general partnership ( partnership on faith or limited partnership ).

In accordance with paragraph 3 of Art. 1473 GK legal entity must have full and right have shortened company name in United States. A legal entity may also have a full and (or) shortened company name in the languages ​​of the peoples of the United States and (or) foreign languages. The corporate name of a legal entity in the United States language and in the languages ​​of the peoples of the United States may contain foreign borrowings in United States transcriptions or in transcriptions of the languages ​​of the peoples of the United States, with the exception of terms and abbreviations reflecting organizational legal form of a legal entity.

According to paragraph 4 of Art. 1473 CC in the corporate name of a legal entity can not include:

1) the full or abbreviated official names of foreign states, as well as words derived from such names;

2) the full or abbreviated official names of federal public authorities, state authorities of the United States and local governments;

3) the full or abbreviated names of international and intergovernmental organizations;

4) full or abbreviated names of public associations;

5) designations that are contrary to the public interest, as well as the principles of humanity and morality.

The brand name of a state unitary enterprise (PMU) may contain an indication of the ownership of the SUE, respectively, the United States and the US entity.

Inclusion in the firm name of a legal entity of the official name of the United States or Russia, as well as words derived from this name, is allowed under a permit issued in the manner established by the US Government. If such permission is revoked, a legal entity within 3 months is required to make appropriate changes to its constituent documents.

A legal person shall have the exclusive right to use its brand name as a means of identification in any manner not inconsistent with law (the exclusive right to the trade name), including through its indications signs, forms, invoices and other documentation, in ads and advertisements, on goods or their packages. This right arises from a legal entity from the moment of registration of the company name, i.e. state registration of the legal entity itself under this name.

The shortened company names, as well as trade names in the languages ​​of the United States parodies and foreign languages ​​ are protected by the exclusive right to the company name provided they are included in Unified State Register of Legal Entities.

An order with an exclusive right to a company name (including by alienating it or giving the right to use a business name to another person) is not allowed.

The use of a corporate name by a legal entity, identical with the business name of another legal entity or similar to it to a degree of confusion, if the said legal entities carry out similar activities and the corporate name of the second legal entity was included in the unified state register of legal entities earlier than the corporate name of the first legal entity. A legal entity that violates these rules must, at the request of the rightholder stop using a corporate name identical to the brand name of the right holder or similar to it to a degree of confusion, with respect to activities similar to activities , carried out by the rightholder, and refund to the right holder damages (article 1474 GK).

In accordance with Art. 1475 CC in the United States has an exclusive right to a company name, included in the unified state register of legal entities.

A brand name or some of its elements can be used by the copyright holder as part of its commercial designation, and its trademark and service mark (item 1476 GK).

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