Article 1470. The Service Production Secret

1. The exclusive right to a production secret created by an employee in line of duty or a specific assignment of the employer (service production secret) is owned by the employer.

2. A citizen who has learned a manufacturing secret in connection with his carrying out labour duties or a specific assignment of the employer shall keep the confidential nature of the information so received until the termination of the exclusive right to the manufacturing secret.

Article 1471. The manufacturing Secret Produced When Works Were Performed under a Contract
If a production secret has been produced when a contractor's contract, a contract for the performance of research and development or technological works or a state or municipal contract for state or municipal needs was performed the contractor (performer) has an exclusive right to the production secret, except as otherwise envisaged by the relevant contract (state or municipal contract).
If a manufacturing secret has been produced when works were performed under a contract concluded by a chief manager of budget funds or a manager of budget funds with federal state institutions the contractor (performer) owns an exclusive right to the manufactory secret, unless according to the contract this right is owned by the Russian Federation.

Article 1472. Liability for an Infringement of Exclusive Right to a manus Secret

1. The perpetrator of an infringement of an exclusive right to a production secret, including a person that has illegally received the information constituting a production secret and has disclosed or used the information, and also a person whose duty was to keep a manufactures secret confidential according to Item 2 of Article 1468, Item 3 of Article 1469 or Item 2 of Article 1470 of the present Code shall compensate the damage caused by the infringement of the exclusive right to the manufacture secret, unless another liability is set out in a law or in the contract concluded with the person.

2. A person that has used a manufacturing secret but did not know and did not need to know that the use thereof was illegal, for instance after having got access to the manufacturing secret incidentally or by mistake, is not accountable in accordance with Item 1 of the present article.

 

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