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Foreign know-how for business. What are the innovative business ideas (Know-how)

This column is devoted to an overview of the secret of production (also known as know-how) as a result of intellectual activity in the understanding of Russian legislation and in the context of Russian judicial practice. The article discusses the legal status of a production secret, certain aspects of the trade secret regime in relation to such an object, the specifics of the exercise of the right to dispose of it, situations in which such a result of intellectual activity may have several independent copyright holders.

From time to time, the legal community becomes aware of lawsuits regarding information that is a secret of production (for example,). Sometimes such litigation results from the transfer of an employee from one organization to another, when, in connection with labor activity at the previous place of work, he became aware of a production secret, in respect of which a trade secret regime was introduced, and the employee (for example, due to bad faith or for personal gain) divulged it to colleagues at the new place of work.

Since, for judicial practice, the secret of production, as an object of disputes between the parties, is not such a frequent occurrence and questions often arise regarding its legal status, delimitation from the concept of a trade secret, the purpose of this column is to highlight the legal status of a production secret (know-how) as a result of intellectual activity and its relationship with a trade secret.

The concept of a production secret

The secret of production as a result of intellectual activity is familiar to the current Russian legislation, which is enshrined in Chapter 75. "The right to a secret of production (know-how)". The concept of a production secret is given in the following way: .

The double naming of the discussed category of results of intellectual activity (both a secret of production and know-how) is explained by the fact that know-how is the result of tracing the term know-how from Anglo-Saxon law into domestic legislation. Literally, it can be translated as "know-how" (that is, this refers to knowledge of a practical or technical nature that has become known as a result of experience or research). And in order to harmonize the domestic regulatory framework with the law of foreign states (including for the protection of domestic owners of production secrets), such an additional designation was introduced to the term production secret.

As information constituting a secret of production, V. Nikitin identifies the following:

  1. information about the results scientific research;
  2. technical and technological documentation;
  3. results of experiments and tests;
  4. methods;
  5. research materials on applied technologies and technological processes;
  6. projected scores market conditions;
  7. trends in the development of engineering and technology;
  8. information about suppliers and buyers;
  9. information about the conditions and prices under contracts that are concluded or the conclusion of which is being negotiated.

This list is not exhaustive, and other information may be included in the list of such information.

As concrete examples secret of production, we can recall the process of creating the Penetron waterproofing material, the chemical composition of the Coca-Cola drink, the technical documentation for the automatic gas preparation units BPGA Istok-1 (according to last example cm. ).

However, not all such information can be recognized as a trade secret. determines that information, the mandatory disclosure of which or the inadmissibility of restricting access to which is established by law or other legal act, cannot be recognized as a production secret.

Legal protection of production secrets (know-how)

The legal protection of a production secret is expressed in the fact that a production secret is recognized by law as an independent result of intellectual activity, which means that the owner of a production secret has the exclusive right to use and dispose of it in any way that does not contradict the law, including in the manufacture of products and the implementation of economic and organizational decisions ( cm. ).

In view of this, if a person illegally obtains information that is a production secret of its owner, and this causes a violation of the exclusive right of such an owner, the latter will have the right to protect his violated rights by all legal means, seeking to eliminate such a violation.

However, if a person, in good faith and independently of other owners of a production secret, became the owner of the information that constitutes the content of a protected production secret, such a person acquires an independent exclusive right to this production secret (). Such a rule allows us to conclude that a secret of production may have several independent owners, if each of them, legally and separately from the others, could, due to experience, knowledge or research, achieve that information result, which represents the corresponding trade secret.

At the same time, the presence of this norm allows us to say that the legislator, in order to develop and stimulate innovation and competition (primarily in the industrial field), thereby allows different persons to obtain legal protection for the same, according to in fact, the secret of production.

At the same time, it is legislatively determined that legal protection in relation to a production secret (in the form of granting its owner with respect to it the exclusive right to a production secret) is valid as long as the confidentiality of the information that makes up its content is maintained (). As soon as the confidentiality of the information constituting the secret of production is lost, the exclusive right to the secret of production ceases for all right holders. At the same time, if the owner of such a production secret wishes to terminate its legal protection by lawfully disclosing confidential information constituting a production secret, he is not legally obliged to notify other owners of such a production secret of his decision and the resulting legal consequences, and even more so to coordinate such actions with them. .

Information may be considered confidential if a trade secret regime has been introduced with respect to them. This conclusion is made on the basis of , which is stated as follows: "A secret of production (know-how) is information of any nature (production, technical, economic, organizational, and others) about the results of intellectual activity in the scientific and technical field and about the methods of carrying out professional activities that have actual or potential commercial value due to their being unknown to third parties. if third parties do not have free access to such information on a legal basis and the owner of such information takes reasonable measures to maintain their confidentiality, including by introducing a trade secret regime".

Accordingly, in order for the owner of information to consider such information as his secret of production, he must take all necessary measures so that such information is subject to the trade secret regime, which is provided for by the provisions of the Federal Law of July 29, 2004 No. 98-FZ "". In the absence of a trade secret regime, a license agreement for a production secret may be recognized as not concluded (see).

As P. Gulidov correctly notes, the indicated the federal law does not provide for a specific way to terminate the trade secret regime in relation to confidential information. Also, neither this law nor the provisions provide for exceptions for the restoration of the regime of legal protection of a trade secret, if the actions to disclose such information were unlawful. Therefore, if we imagine a situation in which, in the course of a public trial, it will be established that the disclosure by a person of information constituting the content of a trade secret was illegal and this person will be held liable for the disclosure of information constituting a trade secret, the exclusive right to such a trade secret can still be considered terminated already on the grounds that the specified information became known to an indefinite circle of persons.

Disposition of rights to a secret of production

In addition to such a peculiar type of disposal of the exclusive right to a production secret, as taking actions to disclose the information that makes up its content (that is, early termination of the exclusive right), the holders are also entitled to transfer (alienate) the exclusive right to the production secret in full to the other party () or grant the other party the right to use (license) the relevant secret of production within the limits established by the agreement ().

And if, with regard to the alienation of an exclusive right, one should mainly keep in mind the provisions according to which, when alienating the exclusive right to a production secret, the person who disposed of his right is obliged to maintain the confidentiality of the secret of production until the exclusive right to the secret of production ceases to exist (that is, so that the former the owner of the exclusive right, after receiving a reward for the secret of production, did not nullify the commercial value of the transferred secret of production by disclosing its content, and thereby deprived the new owner of the benefit), then the license agreement can be discussed in more detail.

Know-how license agreement

As in the case of the alienation of the exclusive right to a production secret, restrictions on the disclosure of information also apply to the relations of the parties under a license agreement. So, according to, persons who have received the appropriate rights under a license agreement are required to maintain the confidentiality of the secret of production until the exclusion of the exclusive right to the secret of production. This is due to the same need to preserve the commercial value of the trade secret in cases where the licensee is no longer bound by the terms of such a license agreement. And so that he would not be tempted to disclose information constituting a production secret after the expiration of the contract (and thereby harm the current owners of such information), we believe that this legislative restriction is provided for in this case.

If we talk about the duration of the license agreement, it does not establish certain requirements for it. A license agreement may be concluded with or without indication of its validity period. However, if the term is not specified in the contract, then each of the parties is legally assigned the right to unilaterally withdraw from the contract with the obligatory condition of prior warning of the other party about this no later than 6 months before the date such withdrawal takes effect (). At the same time, the parties have the right to fix in the contract a different, longer period of such advance notice.

A license to use a production secret can also be granted under a commercial concession agreement (, Decision of the Soviet District Court of Kazan (Republic of Tatarstan) No. 2-2216/2017 2-2216/2017~M-583/2017 M-583 /2017 of April 18, 2017 in case No. 2-2216/2017, Decision of the Arbitration Court of the Krasnoyarsk Territory of July 19, 2017 in case No. A33-350/2017).

In general, we can say that such a legal institution as a production secret has found a certain legal consolidation in the current legislation, which allows the owners of information constituting a production secret to fully exercise their powers in relation to such an object of intellectual rights and protect their rights. in court and out of court on the basis of the current regulatory framework.

The judgments expressed in this article are the personal opinion of the author and may not coincide with the official position of YANDEX LLC.


Have you once again opened the hot water faucet, left the tub to fill and forgot? Then new invention in the form of a water meter with a lock made just for you.

This device is mounted on a faucet, on it you set the volume of your bathroom and turn on the water. After the volume of water that you specified flows out of the tap, the meter will simply turn off the water.

What is a good idea?

The idea is good because the use of the counter allows you to achieve significant savings. This business know-how will insure you both from flooding your neighbors from below, and from overspending very expensive hot water.

Bicycle with hand pedals

Reinventing the wheel is pointless, that's a fact. However, the same was said about the bike. It would seem, how can you change the design of a two-wheeled transport familiar to everyone?

And like this - now you can buy a bike with pedals, which are located instead of the steering wheel. That is, you will set the wheels in motion with your hands. Although the inventors did not abandon foot pedals, offering to combine both options if desired.

Who needs it?

Anyone who cares about their health. Thanks to this design, now the load is received not only by the lower part of the body, but also by the upper one. So, health will be twice as much.

Airbag for cyclists

Continuing the theme of two-wheeled transport, we will touch not only on the health of cyclists, but also on their safety. If motorists are protected by both belts and a body, then cyclists are completely defenseless.

But now they sell a scarf that hides an airbag. The situation is monitored by special sensors, which, if necessary, give a signal and in 0.1 seconds an air cushion is formed around the cyclist's head.

What is the price?


The cost of the accessory is quite high, about $450. But, as they say, they do not save on health.

Electronic plaster

If, nevertheless, injuries are received, electronic gypsum will help to survive the time of bone fusion. The gadget differs from the usual one in absolutely everything - the material of manufacture, functionality and capabilities. At the same time, the main task is to fix the hand, the electronic plaster performs perfectly.

Who will suit?

To everyone who just can't appear on the street with a regular cast. The electronic version does not cause regret, but interest. If you have broken your arm and have a business meeting ahead, this is for you.

dog communication device

Did you want to understand your pet as a child? Now there is such an opportunity. And it provides a headset, which is a very complex device.

The point is that the device reads the readings of the animal's brain, and then translates them into a language understandable to humans. Your pet is hungry or wants to walk - now he will report it himself.

Constructor car

Do-it-yourself dream car? This is a reality, thanks to one Italian company. You choose a kit, complete it with components for assembly and get spare parts.

Of these, the car you will have to own. By the way, this is a great gift for a man. True, to be able to handle tools in this case is simply necessary.

Interactive sandbox

Imagine that you create mountains, volcanoes and depressions with your own hands from sand. Interesting? The creators of the interactive sandbox thought so too. It is based on ordinary sand, which is illuminated by a complex device, which gives the illusion of the reality of what is happening.

Surely in schools, and in entertainment facilities, the demand for it will be enormous.

snow clearer

This is the last one I would like to mention today. Because nothing could be more brilliant. The invention is a hybrid of a snow blower and a conventional sprayer. Only the latter does not supply water, but salt.

Can you imagine how easy snow removal is? And it was invented by two seventh graders. There is something to think about, right?


Hello business seekers! Interested in innovative technologies? Today I will tell you what know-how business ideas exist. Maybe they are exactly what you need for entrepreneurship?

The essence of new technologies

The concept of know-how implies new knowledge, skills, unique developments and technologies that have not become known to a wide range of people. They can be sold / bought for production in order to gain a competitive advantage.

Know-how needed for business. Read on to learn more about innovative ideas.

Innovation projects

Pillow scarf

This is an innovative accessory that allows you to maintain the health of cyclists. The price of the product is approximately 450 USD. e. The scarf has a built-in sensor that is triggered during a dangerous movement. In 0.1 seconds, an air cushion is formed from the sports accessory around the cyclist's head, which will help to avoid injury in the event of a fall.

Headset for communicating with dogs

The dream of understanding the language of animals is now partly fulfilled. A special technique reads the signals of the dog's brain and translates into a language understandable to humans. Thus, lovers of "four-legged friends" can easily understand when their pet is hungry or wants to go for a walk.

The gadget is very worthy of the attention of those businessmen who sell goods to pet owners.

Multimedia sandbox

The interactive view of the sandbox is sand illuminated by special devices to create the illusion of various sand figures. Multimedia innovation will gain popularity in children's entertainment facilities.

Electronic plaster

An excellent substitute for a standard cast for broken arms or legs. With such a technological development, it is not at all embarrassing to appear among familiar people and colleagues at work. The gadget will undoubtedly arouse interest.

Tap water blockage

A useful invention for saving hot water and reinsurance against flooding of the apartment. The device is attached to the crane. Allows you to set and fix the required volume of water, for example, to fill a bath. Upon completion of the operation, the valve is blocked.

Transforming scooter

The Hungarian company Antro has designed a scooter that folds compactly into a suitcase. The transport is equipped with two electric motors located on both wheels. Thanks to them, it can accelerate up to 45 kilometers per hour. Recharging the battery takes only an hour. And the energy received is enough for no more than 35 km.

Robot vacuum cleaner

A novelty for advanced gadget users. A small robot, named AutoMee S., was created to clean smartphones or tablets from the developer company. The “smart vacuum cleaner” will perform the cleaning procedure in 4-8 minutes, without leaving the screen borders thanks to the built-in sensors. The mini-miracle is powered by a battery (AA). The size of the robot in diameter is 7 cm. The weight is 82 g.

The cost of a fashionable robot reaches 17 dollars. Despite the minimal benefit, AutoMee S. promises to be a fashionable addition to the company's devices.

fancy simulator

The FITWET exercise bike is a new development for people who strive for a beautiful body and a healthy lifestyle. According to the designers, it is 12 times more effective than conventional simulators. At the same time, the combination of water resistance and blood circulation, which stimulates muscle relaxation, does not allow you to get very tired from training. Among the useful options of the mechanism:

  • touch key control;
  • watching TV;
  • setting the training mode;
  • massage with water jets.

The new generation of exercise bike is a great option for today's fitness centers.

Lost suitcase

This know-how is called Nor. The suitcase was equipped with a caterpillar chassis, Bluetooth connectivity, interfaced with a mobile device, and sensors. When the signal from the suitcase is lost, the owner's smartphone will vibrate, warning of a possible loss of things. Most likely, the novelty will be of interest to companies selling goods for tourism and travel.

camera with glasses

The video camera built into the glasses was called Camsports Coach. It is additionally equipped with a 4 GB memory card, spare glasses, a carabiner for attaching to a belt, a napkin, a USB cable used for charging and connecting to a computer. The device is designed for sports people traveling around the world. However, YouTube bloggers who want to make an unusual video will also come in handy; reporters who want to discreetly shoot exclusive material.

All products are already certified. Available for sale through online stores. The approximate cost of an unusual product is 7,000 rubles.

The described innovations are only a small part. More and more interesting projects are developed every year.

I hope you enjoyed this article. Recommend it to your friends from social networks and subscribe to my blog!

Sincerely, Ivan Balashov!

It is difficult to take root in Russia. Even healthy human curiosity does not always push the buyer to purchase the next novelty of the market. A win-win option for Russian commerce is considered to be the improvement of an existing product and the gradual entry into the production of a higher quality and technologically advanced product. If we analyze business know-how for 2017 from this point of view, we can identify a number of business priorities for 2018–2019.

New technologies in the catering market

Recently, public catering is the most dynamic segment of the market. Know-how in this type of business is introduced almost every season. The quality of services is constantly improving, the costs of entrepreneurs are being minimized, and the range of goods and services offered to customers is expanding.

Today, in the catering market, entrepreneurs are actively promoting such innovations as:

  • pizza in a glass;
  • French fries machine;
  • single food restaurants.

To implement the first two ideas, you will need a very small starting capital (). Opening a single-product establishment is a more expensive project, it needs to spend 1.5-2 million rubles.

Pizza in a glass is a new product that is a classic pizza, but folded in such a way that it is convenient to eat it on the street, carry it and rearrange it. A favorite product that allows the client to continue to be active and not be distracted by the process of eating.

French fries vending machine is a special device for instant preparation and sale of the well-known fast food. The technology provides for the production of a high-quality, safe and tasty product. The machine can become both the basis for a business and an additional tool for making money. The estimated cost of one machine is about 600 thousand rubles. On the Russian market there are already companies that rent such machines.

A mono-food restaurant is a place where all dishes are prepared from one type of product (seafood, poultry, vegetarian menu, etc.). Such establishments are of interest to customers, and today the public goes to them much more willingly than to traditional restaurants.

Useful to read. A package of documents for work, sanitary and epidemiological requirements for the premises and a set of equipment.

New Services

The small business service industry is just as receptive to know-how as food service. Any interesting ideas are instantly picked up by entrepreneurs and actively promoted in the market. Good returns have recently been given by such ideas as:

  • paid quests;
  • exit car washes (call through the application);
  • eco-tours.

The thirst for adventure and the search for new experiences are those two specific human needs that are difficult to fully satisfy and require constant attention. Until recently, residents of cities diluted the routine of gray everyday life with exceptionally bright colors of nightclubs and vacation trips to exotic countries.

A mobile car wash is a convenient know-how business idea for the city. An entrepreneur who decides to implement it does not need to invest a lot of start-up capital in organizing a business. Enough 150-200 thousand rubles for the purchase of equipment, advertising and promotion of their services. For customers, this service is extremely beneficial, as it allows you to save time and effort for solving more important tasks.

The very idea of ​​eco-tourism can hardly be called new, but the level at which operators organize and conduct eco-tours today is really encouraging. Perhaps that is why green tourism has received a new breath and the number of people who want to go on a trip to nature reserves, national parks and unique corners of the Earth is only growing every year.

It is useful to find out how much income entrepreneurs bring. All about what you need to implement the idea, and the calculation of profit.

detailed information About, . Project cost, launch plan and payback period.

Note: what is .

What's new on sale in China

Over the past few years, Russian entrepreneurs have become accustomed to the fact that the best ideas for small businesses with minimum investment come from China. Indeed, China has been and remains the leader in the production of consumer goods that satisfy customers to the maximum in terms of price, assortment and functional content.

Today, China offers the market a number of new commodity items that are only gaining popularity, but will remain in trend for at least another three years:

  • glasses with camera;
  • exercise bike with jacuzzi;
  • Robot Vacuum Cleaner;
  • folding scooter (transformer).

All these products are quite accessible to the average buyer, and their advertising to the general public will give a good result.

The promotion of these commodity items can be carried out both through online stores and through one-page sites. wholesale buyers Chinese manufacturers make huge discounts, plus they provide several experimental samples for free.

You can start a business trading in Chinese novelties with an initial capital of about 100 thousand rubles. This money will be enough to organize an Internet trading platform and order a trial batch for the selected commodity item. It is useful to read, and how you can make money on it.

Conclusion

In addition to new products, new marketing ideas appear on the market and interesting ways promotion of goods and services. So, for several years now, trade through social networks. Sellers have the opportunity to offer their product through mobile applications. Entrepreneurs are introducing new schemes for the purchase, transportation and delivery of goods, which makes it possible to reduce production costs. Today, starting a business is interesting and practically safe. The main thing is to decide.

Stability in business in 2017 is very important and useful if the income from it is also stable. But sometimes it is very important to be one step ahead of the competition, and also not to lose demand among customers. That is why know-how is useful when doing business in any field. The main thing is to choose the right idea and implement it, which is especially important in the crisis year of 2017.

Know-how for organizing a business in 2017

In 2017, the originality of the idea that he implements in his activities is important for any businessman, as the financial crisis is slowly receding, and competition is growing. People gradually lose interest in the ordinary.

Designer clothing for animals

Luxury is popular in certain circles in 2017 as well. Some people think about it, while others keep them for pleasure and carefully look after them. If you have the right fabric skills, you can set up a business that pet lovers will love. Moreover, you can make not only exclusive clothes, but also accessories, including personalized ones. The product must be original.

Pizza in a glass

Pizza in a glass is a know-how that allows you to enjoy a long-time favorite product in a convenient way, even on the go. Pizza production is carried out according to classic recipes, only it is based on an unsweetened wafer in the shape of a glass. The advantages of such know-how are the speed of preparation, the mobility of production, and high profitability (up to 200 percent).

Health food restaurant

By 2017, the popularity of maintaining a healthy lifestyle is reaching its highest point. Restaurants can be separately and vegetarian, and raw food. A good addition to such a development may be the provision of information about the calories eaten.

French fries machine

Money can be invested in, but investments in food and drink machines will always have the least risk. One of the know-how in the vending machine business in 2017 is the French fries vending machine. The product has the best taste only when fresh, so the idea is very relevant at the present time. For 100 grams of the product, you can get from 100 rubles with a relatively small investment.

Quests

Quests in the field of entertainment business appeared quite recently and managed to gain great popularity, especially among young people. For them, interesting and original scripts, as well as special decorations are made. The more original the idea of ​​such a quest, the more popular it will become.

Advice: when developing a quest, it is better to contact professional designers and use the best materials. A naive and overly simple quest is unlikely to be interesting and popular.

Mobile car wash by application

In 2017, people value not only mobility, but also time (their own and others). Therefore, more and more mobile offers are being developed with access from almost anywhere in the world where there is an Internet connection. Through applications, people order food and drinks, as well as many services. A service such as an on-site car wash with an order via a mobile application saves a client's time significantly. If you supplement it modern technologies and detergents, it will gain enduring popularity.

Advice: you can develop custom applications in almost any business area. In 2017, at a time when such technologies are popular due to their convenience, this is especially true.

Medical portal

The question of whether usually arises when there is a certain amount of capital. But if it is not there or too little, you can start developing ideas that do not require large investments. For example, you can make money on sites, but not simple ones, but specialized ones. Modern society in 2017 does not really like visiting doctors. To help patients in such a situation, a special medical portal with specific descriptions of diseases, symptoms, treatment and diagnosis can provide. However, it is necessary to warn visitors that information should not be taken as a full substitute for visiting a doctor. Such a site is an auxiliary information tool designed to help with treatment, and not replace it.

Living notebooks

Know-how in the field of new technologies allows you to turn ordinary school days into an exciting pastime for children and adults. The essence of the development lies in the fact that by purchasing a certain model of a notebook and downloading a special application for a smartphone, you can “revive” its cover. The smartphone is pointed by the camera at the picture, and animation appears on its screen, which “comes to life” from this very image. Almost everyone will use notebooks in the coming years, so there is no need to worry about the popularity and profitability of a business idea.

Know-how of 2017 with implementation in a ready-made business

Even if a businessman develops and has great success in this field, his activities will need to be updated and supplemented with new ideas from time to time.

  1. If we are talking about a sales business, then it is useful to supplement the assortment with environmentally friendly goods, and dietary products.
  2. Excess personnel should be redistributed to positions or retrained, trained, including proper communication with customers.
  3. Exclusive, expensive goods and services should be reduced, replacing them with more affordable ones. In production, it is possible to make the replacement of expensive raw materials cheaper, to reduce the price of the product.
  4. In stores, you can add products for the elderly and children.-

Advice: various new