This document establishes
- What constitutes know-how at the University.
- How the trade secret regime is introduced and terminated.
- Mandatory protection measures that must be observed.
- Liability for disclosure of confidential information.
Important
- All employees and contractors must be familiar with these Regulations.
- Violation of the trade secret regime can lead to serious consequences.
- Decisions regarding the protection of know-how are made by the Intellectual Property Commission.
1. General Provisions
Purpose
Regulation of the procedure for protecting and using trade secrets (know-how) at the University.
Trade Secret (Know-How)
Information of any nature (technical, economic, organizational, etc.) that has commercial value due to being unknown to third parties and is protected under a trade secret regime.
Legal Framework
- Civil Code of the Russian Federation.
- Federal Laws:
- No. 98-FZ "On Commercial Secrets".
- No. 149-FZ "On Information, Information Technologies and Information Protection".
- University Charter and local regulations.
Exclusive Rights
- For official know-how (created by employees within their job duties) belong to the University.
- For know-how created under contracts with third parties, rights are determined by the contract.
2. Objects Protected as Know-How
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What can be protected
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When the know-how regime is chosen
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3. Procedure for Establishing and Terminating Protection
Initiation:
Head of a department submits a memo to the Rector justifying the need to protect the information.
Head of a department submits a memo to the Rector justifying the need to protect the information.
Decision:
Made by the Intellectual Property Commission.
Made by the Intellectual Property Commission.
Termination of Protection:
- When confidentiality is lost.
- By decision of the Commission on the impracticality of further protection.
4. Measures to Ensure Confidentiality
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Mandatory Actions
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Prohibitions
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Destruction of Carriers
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5. Obligations of Employees and Contractors
Employees
- Sign a non-disclosure agreement.
- Are liable for disclosure (including compensation for damages).
- Must return carriers with know-how upon dismissal.
Contractors
- Access to know-how is only possible after signing a non-disclosure agreement.
6. Liability for Violations
Disclosure of Know-How
Leads to disciplinary, material, or criminal liability.
Control
The responsible person must suppress violations and report them to management.