LEGAL PROBLEMS IN THE ALIENATION OF RIGHTS TO A CLIENT DATABASE

Abstract

The development of information technology has led to a number of important legal issues, including those related to the transmission of client data. Using general scientific methods (analysis, synthesis, etc.), as well as specific scientific methods, namely historical, comparative legal and formal legal, the author seeks to comprehensively investigate issues related to the disposal of rights to the client base. In order to achieve this goal the author has set the objectives: to study the concept of client base; to consider the specifics of client information protection in foreign legal orders; to identify the conditions under which client information can be recognized as a database; to determine how the rights to the client base and the exclusive right to know-how are connected; to analyze other ways to transfer information about clients. As a result, the author comes to the following conclusions. First of all, it can be stated that the client base is a valuable asset and is in demand by participants in civil turnover. Analysis of foreign law demonstrates a broad understanding of certain concepts related to intellectual property, which provides more opportunities to dispose of client base rights. On the basis of the domestic legal regulation, it is possible to consider and dispose of the client base as a database. In addition, information about clients and methods of attracting them, taken into account the commercial value of this information, can in some cases be considered a trade secret. The transfer of client information is also carried out through the conclusion of contracts such as contracts for the provision of services and agency contracts.