Know-how as a Form of Legal Protection of Scientific Results in Russian Universities

The urgent need to develop domestic technologies in all advanced branches of science and technology, to ensure the technological sovereignty of the country, which Russia has faced in connection with the sanctions, poses new challenges for universities. Although scientific research, the framing and commercialization of protectable results of intellectual activity are not new tasks for universities, today their solution is becoming a matter of national security. Scientific and technical solutions created at universities should not only receive legal protection, but also should have market attractiveness so that the business sector is interested in their implementation and the creation of innovative products using them. In these conditions, it is logical to turn to the only result of intellectual activity, the condition of legal protection of which is the existence of commercial value – to a trade secret or know-how. The authors identify key areas of applying know-how in universities, including ensuring confidentiality in the period before filing a patent application, formalization of IP in case of non-compliance with the conditions of patentability and as a form of legal protection for student developments. However, the priority direction of using know-how is not to replace patent protection, but to supplement it, i.e. to support the receipt of a patent for the main technical solution by recognizing the relevant information necessary for its practical implementation as a production secret. It is this legal structure that allows for maximum protection of a scientific development and makes it commercially attractive. Along with the advantages provided by know-how, the authors also highlight the problems that universities face when using this form of legal protection of scientific results. The main ones are related to the difficulties of ensuring the confidentiality of information in the research community, to issues of remuneration of developers if another protected IPR is recognized as know-how, as well as to the assessment of the cost of the exclusive right to know-how. The problem of applying the principles of trade secret protection is highlighted as a special issue when it comes to performing R&D under a state defense order.