| Abstract [eng] |
The Master's thesis analyses the duty of the manager of a legal entity to protect the company's know-how by examining the applicable legislation in Lithuania, scientific articles, case law and legal literature. In order to reveal this topic, it is important to understand the definition of know-how, its attributes, its importance for the company and the owner, the standards of its protection in Lithuania and the manager's duties in the context of protecting know-how. The aim of the research work is to disclose the concept of know-how in Lithuanian law, how it is characterised by the European Union regulation, as well as to analyse the legal protection of know-how and possible methods of disclosure. It has been investigated and assessed how know-how is related to confidential information and trade secrets, what their differences and common features are. The master's thesis sought to summarise the concept of the manager of a legal entity, its dual legal status, and analysed not only the main duties of the manager as a legal entity, but also those which are particularly relevant to the legal protection of know-how. The research has focused on the duty of confidentiality, which binds the manager of a legal person and indicates the obligation and the necessary steps that the manager must take in order to ensure that subordinates or business partners/third parties have the greatest possible interest in protecting the company's know-how which is known or disclosed to them. It also addresses the issue of the application of liability arising from employment and civil law relationships and criminal liability for the unlawful disclosure of know-how, which may arise from the fact that the manager of the legal person has himself disclosed the know-how or that, as a result of improper organisation of the work, the know-how has been disclosed to other persons who have been made aware of this information. |
