UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
Outcomes in these cases are driven by preparation. Courts respond to a clear narrative: what the informa- tion was, who had access to it, how it was protected, and how it was ultimately used. 6. Know-How 6.1 Definition and Legal Basis of Know-How Ukrainian law does not provide a standalone legal definition of know-how as a separate category of rights. The term is used to describe technical knowl- edge, experience, methods, and solutions that have commercial value but do not necessarily fall within the scope of registered intellectual property. Know-how is best understood as a factual asset rath- er than a legal right. Its protection depends on the legal framework within which it is structured. The closest regime is trade secret protection. Where know-how meets the requirements of confidentiality, commercial value, and adequate protection meas- ures, it may qualify as a trade secret. Protection is based not on the existence of the knowledge itself but on control over access to it. A significant portion of know-how does not meet this threshold. Technical processes, operational methods, and engineering approaches often occupy a space in which they are commercially valuable but insufficiently structured to qualify as trade secrets. In such cases, protection relies on contractual arrangements, includ- ing non-disclosure agreements, employment provi- sions, and research and development agreements, as well as on unfair competition rules. Know-how must also be distinguished from regulated categories of confidential information. Banking secre- cy, medical confidentiality, and information related to defence technologies are governed by specific statu- tory regimes. These impose mandatory confidentiality obligations and operate independently of the holder’s Will. Their protection is grounded in public law consid- erations and may involve regulatory or criminal liability. This distinction is particularly relevant in technology- driven sectors. In defence and miltech environments,
a single technological solution may comprise multiple layers of information. Some elements constitute engi- neering know-how. Others qualify as trade secrets if properly protected. Certain components fall within statutory confidentiality regimes linked to national security or defence regulation. Each layer is subject to a distinct legal framework and requires a tailored protection strategy. In Ukraine, know-how does not function as an inde- pendent property right. Its protection arises through a combination of trade secret law, contractual mecha- nisms, and, where applicable, sector-specific regula- tion. Its value depends on how clearly it is identified, documented, and controlled in practice. 6.2 Protectability Requirements and Scope In Ukraine, know-how typically covers technical processes, manufacturing methods, software archi- tecture, algorithms, data models, and operational workflows. In commercial settings, it also extends to customer lists, pricing structures, and internal busi- ness strategies. Know-how is not protected as such. Legal protection arises only where the information meets the criteria of an applicable regime, most often trade secret protec- tion or contractual confidentiality. Secrecy is essential. Information that is publicly avail- able or broadly accessible within an organisation does not qualify for protection. Economic value is also required, as protection is tied to the competitive advantage derived from the information. Novelty in the patent sense is not required. The deci- sive factor is whether the information is identifiable, controlled, and consistently treated as confidential. 6.3 Ownership, Creation and Employee Know-How Ukrainian law does not treat know-how as a stan- dalone property right. Ownership is determined by a combination of employment law, contractual arrange- ments, and control over information. Know-how created by employees in the course of their duties is generally treated as belonging to the
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