Akimov, O. O. та Акімов, О. О. (2025) Intellectual Property Management in Polygraph Methodology Development Projects: Policies, Procedures, Compliance. Scientific Center of Innovative Research. с. 133-150.

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English abstract

Polygraph assessment methodologies should be conceptualized as composite intellectual assets rather than as a single protectable method, since they integrate expressive materials, functional workflow logic, confidential know how, and digital implementation components. This structure determines the protection strategy because copyright is limited by the idea versus expression boundary, and software copyright protects the expression of a program rather than the underlying principles that the software operationalizes. As a result, legally robust protection requires a portfolio approach in which each layer of the methodology is aligned with the most appropriate legal instrument and with a corresponding governance mechanism that can be demonstrated in practice. The study aims to systematize legal routes for protecting polygraph methodology components through copyright, trade secrets, and operational controls, while maintaining legitimacy through controlled transparency. The analysis uses a doctrinal and policy synthesis of relevant international and EU frameworks and translates these norms into an operational segmentation model and an evidence readiness logic for enforcement. The results show that protectability increases when methodology content is segmented into public, partner, and restricted components, since this enables principled disclosure without sacrificing confidentiality of calibration and decision rules. The findings also demonstrate that trade secret protection is governance dependent, because enforceability requires proof of secrecy, commercial value derived from secrecy, and reasonable steps to preserve confidentiality, which elevates access discipline and documentation to core protection instruments. In addition, the study identifies evidence readiness as decisive, because copyright and trade secret claims rely on different proof packages, including version histories, secret registers, access logs, and contract documentation. Finally, the study operationalizes reasonable steps as layered controls that map key risks to specific evidence outputs, strengthening cross border defensibility and improving response capacity. The effective legal protection of polygraph methodologies is portfolio based and operational, combining protection of authored expression with secrecy governance, licensing discipline, and evidence preservation embedded into project workflows. Future research should test how particular evidence artifacts, access controls, and licensing constraints influence dispute outcomes, and the long term durability of secrecy in training intensive ecosystems.

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