Annotation

Our main aim in the present paper is to enquire into the way reverse engineering is treated by the law. Thus, it has been established that reverse engineering makes ideas already implemented in distinct products freely circulate on markets, including those that are dependent in one way or another on foreign creators who, for a number of reasons, leave such markets. It is determined that any measures taken by creators to keep confidential information safe by restricting access to such information or limiting the right to use it, are made to minimize their risks, but should not prevent the owner of the relevant product from revealing the contents of the product and studying the way it works based on special technical and other knowledge available to such owner, if this does not lead to a violation of the rights and legitimate interests of the copyright holders. However, such restrictions become common practice, particularly when large transnational corporations enter the relevant markets and dictate their rules to other participants. As a result of the present study, the author comes to the conclusion that reverse engineering should not be considered as illegal, restraining competition when it comes to the need to ensure industrial parity and independence of various states through the development of competition and innovation. Reverse engineering is a pre-requisite to the development of competition and innovation. Therefore, we find it unacceptable to limit it through the operation of various agreements. The exception is when it comes to unfair commercial practice in the meaning given to this term by international acts in the sphere of intellectual property.