«KNOW-HOW» AS AN OBJECT OF INTELLECTUAL PROPERTY RIGHTS: PROBLEM ISSUES

The article is devoted to research of «know-how» as non-traditional object of intellectual property. The paper analyzes the approaches of the Ukrainian legislator to the definition of this concept in the laws of Ukraine «On investment activity», «On state regulation of activities in the sphere of technology transfer» in the Tax Code of Ukraine. The authors highlight the essential features of the «know-how», give his own definition of this concept. The work contains the classification of «know-how» depending on different criteria: by type of work, as a result of which the «know-how» information was obtained, by purpose. The objects of property rights to «know-how» are described. The article analyzed three models proposed by domestic scientists to solve the problem of the relationship between the concepts of «know-how» and «trade secret»: a model for identifying these two concepts; a model for considering these concepts in the «part-whole» relationship; a model for considering these concepts as diverse categories that do not overlap in content. Separately, the work focused on the problem of weak legal protection of rights to «know-how». The essence of the actual monopoly of the «know-how» owner on the use of «know-how» is determined, the absence of a legal monopoly on «know-how»with the corresponding examples is indicated. The essence of the agreement on the transfer of rights to «know-how» is also described, the problem of its conclusion is indicated and its solution is proposed: the conclusion of a preliminary (optional) agreement. The mechanism of action of the preliminary (optional) contract is described. The article found out why there is an urgent need to develop a separate regulatory act that would regulate the «know-how» issue, determine the transfer of rights, effective methods of legal protection.