New Concept of Intellectual Property Protection
- Considering that fact that development of technical means, and namely computer and communication means, including the Internet, requires perfecting means for information protection. The modern standards of data encoding have become outdated and do not provide effective information protection. With such approaches the only live question is the capacity of means used for disclosing the information.
- On the other hand, a significant part of intellectual property, and namely inventions, are not patented because of impossibility to control the use of technology and equipment. As a rule they exist as know-how, which fact notedly slows down scientific and technical progress and development.
- The imperfection of methods for transfer technologies with know-how often results in their outflow and loss.
- Effective means of protection are rather expensive and are not accessible to the ordinary inventors.
- This situation leads to numerous unfair actions on the part of the companies in relation to single inventors during the processes of estimation, expertise and transfer of innovations and know-how.
According to the designated problems there may be proposed a complex of effective means for protection of intellectual property, which ensures:
- Safe protection and storage of confidential information;
- Safe protection of information at its transmission and at transferring know-how to the purchaser;
- Safe operation of know-how;
- Transferring know-how via safe circuits and guaranteed algorithms and at moderate costs.
The essence of the proposed project is that the information, which has to be protected, is encoded by a special individualized method so that at least two parts of the message are formed, in which the initial information is distributed in the encoded form, and the separate parts have no sense. After this encoding one of parts is transferred in specific mode to the storing center, and second part is stored at the owner of know-how. The algorithm of transfer in the system is designed in such a way that at transfer an owner authorizing is also carried out, i.e. the sent part functions as an electronic signature.
Thus, the owner of know-how not only enjoys safe storing of his secret, but he also may be personally protected from potential hackers and other surprises.
Moreover, with this system of storing know-how, the owner of a secret may carry out safe and authorized transfer of his secret under the appropriate license agreement. In such a case the advantage of the secret may take only the licensor and licensee being authorized users of the system. In this situation nobody is able to challenge the fact of know-how transfer and nobody is able to get it by any other way.
Such a means can be carried out on the basis of the designed method for protected transfer of information, named MVZ Messaging, by using an entrance terminal of the local agency or a patent department and the modernized MVZ +MZ2 system in the on-line mode.
A safe international organization, e.g. WIPO, should serve as the main organizational point for realizing of the global system of know-how protection. The organization may function as a provider of the protected communication services and as a safe storehouse.
The system may be checked and be used at the initial stage as an additional service within the framework of development of the electronic system for filing РСТ applications and the global network of intellectual property.
The organization of global protection of know-how may define the WIPO framework for a new kind of intellectual property protection. Such protection may be used for industrial property objects - inventions, know-how, and also for the copyright objects - scientific works, works of art etc.
The essential feature of this kind of protection is its readiness for the safe technique of transfer of the thus protected objects, which should essentially speed up the processes of transfer of technologies as well as the scientific and technical progress.
The practical realization of the system may be designed on the principle of global or located network.
In the first preferable embodiment an international organization, for example WIPO, may act as a provider of the system for the encoded communication.
Alternatively, a national or regional authority for protection of intellectual property, which is accessible for the remote or technically unequipped user, may be used as a provider or a sub provider.
Nevertheless, the both cases can exist and coexist in the uniform system of global protection.
Thus, the proposed system may be a part of a general system for industrial property protection as a system of technical maintenance for the protection and transfer of intellectual property objects in the wide sense.
The legal importance of the system is also essential. Maintenance of safe storage of know-how or an intellectual property object is important not only as it is, but it also has essential importance for the further transformation or transfer and operation of a stored object.