It is worth stressing that the purpose of the know-how agreement should not be confused with patentable objects or processes as such, which may be the subject of an agreement of a different nature, for example. B a patent licensing agreement. “Know-how” refers to technical or practical knowledge that comes from research or experience and generally refers to the way things are done. This technical or practical knowledge can be recorded in any form, or even stored in the memory of a key inventor or employee, and may contain instructional instructions, drawings, plans and other technical information. As can be seen, the know-how contract is intended to protect secret, technical and scientific knowledge or other types of data and contains confidentiality clauses to protect the potential secrecy of the knowledge transmitted, since it is not only punishable by a fine against the party who does not meet its conditions and does not comply with the terms of the contract. but also the termination of the contract. There are two agreements related to the transfer of know-how agreements: (a) disclosure and (b) confidentiality agreements that are not part of the main know-how agreement. [Citation required] Because of its nature, the subject of a know-how contract is inserted into the category of an intangible asset and, because it deals with an asset, its owner can use it freely. Therefore, this type of agreement can be concluded in two forms: a licence or a transfer of rights. The know-how refers to any form of technical information or assistance related to the manufacture or commissioning of these products. It also means all the knowledge, techniques and practical skills needed to achieve a practical goal. It is considered an intangible property on which rights can be purchased and sold.
The know-how also means the technical skill that large groups of men acquire through extensively funded experiences and cooperations. While the form in which the information is stored, IP protection, for example. B copyright in a user manual or design right in a prototype, there is no legal protection for the information as such. On the contrary, know-how may be protected by a duty of confidentiality arising either from the principles of the common law or because know-how is generally defined as factual knowledge that cannot be accurately and separately described. However, if used in an accumulated form, after the acquisition as a result of the test and error, it gives the acquisition the ability to produce something that otherwise would not have known how to produce with the same precision or precision that was found necessary for commercial success. [Hooker Chemical Corp. v. Velsicol Chemical Corp., 235 F. Supp. 412 (W.D. Tenn. 1964)].
An advanced demonstration program is the typical content of technical assistance agreements in which the licensee, if you participate, offers an extensive training program to client staff on-site and outside.