Maksim Ar. Maslennikov - assistant to the lawyer of the non-profit partnership "Consulting Center "Generation 8?", VINSER Group of Companies
Aleksandr Ig. Zemlin - Doctor of law, professor, head of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation
Abstract. The current paper has presented the study of the most problematic aspects arising in the context of providing information when signing a commercial concession contract on the provision of transport services. Within the framework of this study, it was possible to formulate a number of conclusions that are essential both for a theoretical understanding of the issue and for the practice of law enforcement. In particular, on the basis of a formal dogmatic analysis of the current legislation, it was possible to come to the conclusion that information on logistics delivery schemes and the procedure for organizing transportation according to the Art. 1465 of the Civil Code of the Russian Federation is an object of exclusive rights in the form of know-how, since the carrier organization always strives to ensure its confidentiality in the context of restricting a third party’s access. Based on this conclusion, in the future, there was analyzed the positive contradiction regarding the need for the obligatory provision of know-how as part of the fulfillment of the rightholder’s obligation to provide the user with the necessary information. The result of the conducted system-legal analysis was a well-grounded original conclusion, according to which know-how is, first of all, an object of exclusive rights and cannot be understood as information that the carrier organization, which is its rightholder, is obliged to provide information to the user in accordance with Art. 1031 of the Civil Code of the Russian Federation. However, the identifiers with the help of which access to the information constituting the know-how is realized, will be subject to obligatory transfer. Along with the above, the paper has made a conclusion that there is no need to determine the conditions for using the information provided by the carrier organization in the field of logistics and the procedure for organizing activities in the commercial concession contract, since the know-how has a special confidentiality regime. The conclusions in the current paper, according to the authors, can serve as a basis for improving the law enforcement system for economic activities in transport using a commercial concession contract.
Keywords: commercial concession; rightholder; user; information; know-how; carrier organization; provision of transport services.
- Braginskiy, M. I. Dogovornoye pravo [Contract law]. Kn. tret'ya: Dogovory o vypolnenii rabot i okazanii uslug / M. I. Braginskiy, V. V. Vitryanskiy. — Moskva : Statut, 2002.
- Lopatin, V. N. Zashchita intellektual'noy sobstvennosti. Aktual'nyye problemy teorii i praktiki [Protection of intellectual property. Actual problems of theory and practice]. ― Tom 3 / V. N. Lopatin, V. V. Doroshkov ; pod redaktsiyey V. N. Lopatina. — Moskva : Izdatel'stvo Yurayt, 2010.
- Ruzakova, O. A. Dogovory o sozdanii rezul'tatov intellektual'noy deyatel'nosti i rasporyazhenii isklyuchitel'nymi pravami [Agreements on the creation of the results of intellectual activity and the disposal of exclusive rights]: uchebno-prakticheskoye posobiye dlya magistrov. — Moskva : Prospekt, 2017.
- Kirichenko, O. V. Informatsiya kak ob"yekt grazhdanskikh pravootnosheniy [Information as an object of civil legal relations] // Sovremennoye pravo. ― 2014. ― № 9. ― S 77―81.
- Nastin, P. S. Informatsiya kak ob"yekt organizatsionno-informatsionnykh pravootnosheniy v deyatel'nosti khozyaystvennykh obshchestv [Information as an object of organizational and informational legal relations in the activities of economic societies]// Biznes, menedzhment i pravo. ― 2014. ― № 1(29). ― S 100―104.
- Popova, V. A. Nou-khau kak instrument razvitiya innovatsionnogo potentsiala rossiyskoy predprinimatel'skoy sredy [Know-how as a tool for the development of the innovative potential of the Russian business environment] // Vestnik universiteta. ― 2014. ― № 6. ― 139―143.