THE ROLE OF TRADE SECRET IN THE INVENTION PROTECTION SYSTEM
THE ROLE OF TRADE SECRET IN THE INVENTION PROTECTION SYSTEM

Summary/Abstract: The authors deal with trade secret (know-how) in a narrower, technical sense that includes various types of secret technical knowledge, skills and experience and which as such is suitable for the protection of the invention. The legislator generally regulates this institute in the context of some other issues such as technology transfer, although some states have special laws. According to the author, it is essential that the legislator recognizes this form of protection of inventions and to sanction disloyal actions, and everything else is a matter of the holder of know-how. In relation to a patent, know-how can have a completely independent status, but it can also complement it. It most often protects inventions that cannot fully satisfy the conditions of patentability, especially the invention level. In general, the level of protection that know-how provides is weaker than patent protection. There is also a risk that third parties may obtain information that is the subject of trade secret through “reversible engineering”. Based on a de facto monopoly, know-how gives an exclusive position in the market compared to competitors who do not have that knowledge. This position on the market is sometimes stronger than the patent itself. However, the author's view is that know-how as such is not a serious alternative to the patent system. The question is whether it is realistic in the conditions of rapid development of modern technologies to preserve secrecy to the extent that it was once possible.

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