Know How Agreement Definition

In such cases, it may be worthwhile to enter into a “patent and know-how license” instead of a simple patent license, so that the licensee has access not only to his invention, but also to the relevant technical know-how. This will allow the licensee to take full advantage of the invention and understand it. The initial need for “disclosure” is due to the requirement of a licensee company to know what is the specific, unique or general “content” of the know-how of a licensee company that promises value to the taker when entering into a contract. Disclosure also helps potential licensees choose from competitive offers, if any. This information is provided by licensees only through confidentiality or confidentiality agreements, where there are explicit commitments that, if the final license is not obtained, the company to which the disclosure is made will not disclose or apply any part of the disclosed knowledge, which is not publicly available or that is known beforehand from the company receiving the information. Finally, special attention should be paid to the duration of the issuance of intellectual property rights, since the duration of the licence must not exceed the maximum period of the right (for example. B 20 years for patents). In the case of a patent license and know-how, this means that the parties must make a clear distinction between the patent license (which cannot last beyond the expiry date of the patent) and the know-how licence (which the parties wish to maintain after the patent expires). The intrinsic intrinsic value of know-how is in line with the legal protection afforded to trade secrets in the common law, and in particular to jurisprudence. [2] Know-how, in short, is “private intellectual property,” which can be described as a precursor to other intellectual property rights. The “trade secrecy law” varies from country to country, unlike patents, trademarks and copyrights, for which there are formal “conventions” whererability countries grant the same protection to “property” as others; Examples include the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO) within the framework of the United Nations, a support organization dedicated to “promoting creative activities and promoting the protection of intellectual property around the world.” Individuals and corporations have the option of preventing, without their consent, the information subject to their control from being disclosed, acquired or used by others, provided that such information is: a) confidential, to the extent that it is not as an entity, nor in the precise configuration and assembly of its constituent elements, commonly known or easily accessible to persons in circles that normally deal with the nature of the information concerned; b) has commercial value because it is secret; and (c) that, in the present circumstances, the person lawfully controlling the information has taken reasonable steps to keep it secret.