(from English know how - know how) know-how
a body of knowledge, information of a scientific, technical, production and technological, managerial, financial, economic, commercial nature, as well as the experience of their application in practice, which have not yet become the subject of the public domain, representing a novelty. It is usually accepted to transfer know-how on a commercial basis, for a fee, through the conclusion of licensing agreements between the owners of innovations and those who wish to acquire a license that gives the right to use them while transferring the know-how itself.
Encyclopedic Dictionary, 1998
know-how
"KNOW-HOW" (English know-how, letters - I know how) technical knowledge, experience, skills, secrets of production documented and protected by law. Their transfer is negotiated at the conclusion of license agreements and other contracts.
Big Law Dictionary
know-how
(eng. - know-how, lit. - know how) - knowledge, experience and secrets of production necessary to solve a technical or other problem. Information constituting the subject of N.-x. is not subject to registration in any government agency and does not receive protection (eg patent, certificate, etc.). N.'s transfer - x. on a commercial basis is carried out primarily through the conclusion of license agreements. The Civil Code of the Russian Federation does not use the term N.-x., therefore, to ensure its legal protection, general provisions civil legislation (on official and commercial secrets - Article 139 of the Civil Code of the Russian Federation, norms aimed at protecting against unfair competition, norms of contract and tort law, as well as criminal law norms when there are signs of a crime).
know-how
"Know-how"(from English know-how, literally ≈ know how), a term used in international relations to determine technical knowledge expressed in the form of documentation, production experience and skills, etc. In a broad sense, "N.-x." ≈ the general complex of technical knowledge and production experience necessary for the manufacture of a particular product, reproduction of the production process, etc. Includes not only technical, but also other (for example, commercial) information, unpublished inventions, etc. It is used in license agreements, technical cooperation agreements, although it is not used by law. "N.-x." considered the property of the enterprise along with patents for inventions, trademarks, copyrights; exchange "N.-x." can be carried out by agreement between enterprises by transferring documentation, organizing employee training, participation of specialists in industrial production. As a rule, it is carried out together with the transfer of patent rights, the sale of products, but sometimes contracts are concluded, the object of which is only N.-x. Exchange "N.-x." provided, in particular, by the agreement on economic cooperation concluded by the USSR with the FRG in May 1973.
Wikipedia
know-how
know-how or know how- this is information of any nature that is protected by the trade secret regime and can be the subject of a sale or be used to achieve a competitive advantage over other business entities.
This is a certain set of information approaches, including formulas, methods, schemes and sets of tools necessary for successful business in any field or profession. In some jurisdictions, this includes patents as well as any other proprietary information that could provide competitive advantage. The result of creative (heuristic) activity. The totality of various knowledge and experience that has not yet become public domain.
Examples of the use of the word know-how in the literature.
In Izania we will have very rich people and organizers of production, but they will not enrich themselves at the expense of the vices and weaknesses of others, but will voluntarily invest their funds in science, medicine, spirituality, culture, ecology, the upbringing of the younger generation, in all kinds of know-how, which now only strengthen and fatten Vampiria.
And also on the rumors spread in the local press about a certain Franco-Peruvian consortium, which allegedly expressed a desire to buy the channel with the help of French know-how and Colombian drug money.
When James discovered that Sybil shared his passion for nanotechnology, they went here to dispose of know-how this planet.
Dictionary of Efremova
know-how
cf. non-cl.
A technical invention or idea that has the greatest practical effect
at a minimum cost.
encyclopedic Dictionary
know-how
(English know-how, letters. - I know how), technical knowledge, experience, skills, secrets of production documented and protected by law. Their transfer is negotiated at the conclusion of license agreements and other contracts.
Border Dictionary
know-how
a body of knowledge, information of a scientific, technical, production and technological, managerial, financial, economic, commercial nature, as well as the experience of their application in practice, which have not yet become the subject of the public domain, representing a novelty.
Political Science: Dictionary-Reference
know-how
(English know-how, lit. know how)
technical knowledge, experience, skills, secrets of production documented and protected by law. Their transfer is negotiated at the conclusion of license agreements and other contracts.
Pedagogical terminological dictionary
know-how
sign original idea, knowledge and experience of great scientific or practical importance and not protected by titles of protection (not patented, not published). The term "N.-X." translated from English means "know how to do it."
(Management in school management: a brief dictionary of terms and concepts. - Ufa, 2004. P. 36)
Encyclopedia of fashion and clothing
know-how
(English now haw - I know how, now I have) - a set of technical, commercial and other knowledge, skills and experience necessary for organizing production, including sewing, fixed in a certain way, but not patented; considered the property of the company.
(Terminological dictionary of clothes. Orlenko L.V., 1996)
Modern economic dictionary. 1999
KNOW-HOW
(from English know how - lit.: I know how)
Dictionary of economic terms
know-how
(from English know-how- know how)
a body of knowledge, information of a scientific, technical, production and technological, managerial, financial, economic, commercial nature, as well as the experience of their application in practice, which have not yet become the subject of the public domain, representing a novelty. It is usually accepted to transfer know-how on a commercial basis, for a fee, through the conclusion of licensing agreements between the owners of innovations and those who wish to acquire a license that gives the right to use them while transferring the know-how itself.
Explanatory dictionary of the Russian language of the XXI century
know-how
, unchangeable, from.
The body of documented scientific, technical knowledge and experience required to carry out a manufacturing process to make a product.
* General Motors faced a similar situation: earlier in the United States, a Chinese couple was charged with stealing know-how in the field of hybrid cars.(Gazeta.ru 24.11.10). *
* ..the main know-how of Jen is daily eight-hour workouts with one single day off on Sunday. (Izv. 07.12.10). *
Є English know-how letters."know how".
Glossary of financial terms
know-how
a set of technical, commercial and other knowledge, formalized in the form of technical documentation, skills and production experience necessary for organizing a particular type of production, but not patented. Widely used in license agreements, technical cooperation agreements, leasing, turnkey construction, various types services. In commercial practice, it is considered the property of the enterprise along with patents for inventions, trademarks, copyrights and other patent information. The inclusion of clauses on the transfer of KNOW-HOW in license agreements contributes to an increase in the cost of the total cost of agreements and an increase in the profit of the licensor (license seller), but, on the other hand, it speeds up and simplifies the process of organizing new production for the licensee (license buyer), because contributes to the most complete transfer of production secrets to it, training of employees, participation of the licensor's specialists in start-up, debugging and subsequent technical control of production. Along with patent information, the transfer of KNOW-HOW, as a rule, is carried out together with the transfer of rights to use patents, finished products requiring appropriate maintenance and operation, however, contracts may be concluded, the object of which is only KNOW-HOW.
Terminological dictionary of a librarian on socio-economic topics
know-how
(know how)
The totality of scientific and technical knowledge, technical and industrial experience, production secrets, inventions that are not patented for various reasons.
Technical, design and other secrets of production; technical, economic knowledge and acquired experience that can be used in the organization and implementation of the production of a certain type of product, known to a limited circle of people and not secured by patent protection.
A term used in international law to denote an obligation to transfer technical knowledge, experience, skills expressed in the form of documentation to another country while simultaneously sending specialists to establish a production process, manufacture a product, etc. Used in license agreements, technical cooperation agreements, etc. .
A set of technical, commercial and other knowledge, formalized in the form of technical documentation, skills and production experience necessary for mastering a technology, method, etc.
This is not only a technical, but also an organizational solution that summarizes knowledge and experience in the production or organization of a process; information about some of the works that have already proven results. The content of "N.-x." can often make an invention that would have all the grounds for patenting, however, in business practice, patenting is sometimes waived in order not to reveal a trade secret.
see also ,
CopyrightRelated rights
Authorship presumption
Patent law
Invention
utility model
Industrial model
Brand name
Trademark
Name of the place of origin of goods
Commercial designation
Know-how (production secret)
Protection of new plant varieties
This is a certain set of information approaches, including formulas, methods, schemes and sets of tools necessary for successful business in any field or profession. In some jurisdictions, this includes patents, as well as any other proprietary information that could provide competitive advantage. The result of creative (heuristic) activity. The totality of various knowledge and experience (scientific, technical, industrial, administrative, financial, commercial or other) that has not yet become public domain.
Basic information
As a rule, know-how means innovations that have commercial value due to being unknown to other persons, and reasonable measures have been taken in relation to these innovations to maintain their confidentiality (including by introducing a trade secret regime). In a high-tech economy, know-how is a key part of a company's assets.
In accordance with international law, for the exclusive use of some innovation, one of two methods of protection can be used - a patent or a trade secret. The purpose of a patent and a trade secret is the same - to prevent competitors from using the innovation and to benefit from exclusive use. But the methods of protection are fundamentally different: patenting implies disclosure of information and further (prepaid by the authors) protection from the law, including the right to prohibit others from using the same solution without the consent of the patent holder under threat of prosecution. A trade secret means protection by secrecy. Information is not disclosed to anyone, but in case of disclosure or independent discovery by another person, it is no longer possible to prohibit the use of such a method (technical solution). Know-how rights are valid as long as confidentiality is maintained. Sometimes both methods are used to protect monopoly rights to technology: the most common technological parameters are protected by a patent (the so-called “umbrella patent”), and the rest of the subtleties of production are kept as a trade secret.
Often, a know-how transfer agreement is called a patent-free license, under which technical, organizational, economic and other information is transferred that, for various reasons, has not received legal (patent) protection in the territory of the agreement. Since the most important property of know-how is its unknown to third parties, ensuring the confidentiality of the know-how transfer agreement is necessary condition know-how transfer agreements. Another essential condition of the know-how transfer agreement, as a rule, is the prohibition of the issuance of sublicenses by the licensee. The content of the use of know-how is determined by the agreement of the parties.
The legal regime of know-how (production secret) in Russia is set by the Civil Code of the Russian Federation and.
Know-how practice
In modern conditions, complex protection of innovations is usually used: authors receive a patent (more often - a package of patents) and attach a know-how package to them, which insures authors against unauthorized use of innovations in countries where patent protection is not provided, as well as against theft of inventions by the state ( for example, for the priority needs of the military-industrial complex).
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An excerpt characterizing Know-how
As soon as he learned that the Russian army was in such a hopeless situation, it occurred to him that it was precisely for him that he was destined to lead the Russian army out of this situation, that here it was, that Toulon, which would lead him out of the ranks of unknown officers and open the first path for him. to glory! Listening to Bilibin, he was already thinking how, having arrived at the army, he would present an opinion at the military council that alone would save the army, and how he alone would be entrusted with the execution of this plan.“Stop joking,” he said.
“I’m not kidding,” Bilibin continued, “there is nothing fairer and sadder. These gentlemen come to the bridge alone and raise their white handkerchiefs; they assure us that there is a truce, and that they, the marshals, are going to negotiate with Prince Auersperg. The duty officer lets them into the tete de pont. [bridge fortification.] They tell him a thousand Gascon nonsense: they say that the war is over, that the Emperor Franz has appointed an appointment with Bonaparte, that they want to see Prince Auersperg, and a thousand Gasconades, and so on. The officer sends for Auersperg; these gentlemen embrace the officers, joke, sit on the guns, and meanwhile the French battalion enters the bridge unnoticed, dumps bags of combustible substances into the water and approaches the tete de pont. Finally, the Lieutenant General himself, our dear Prince Auersperg von Mautern, appears. "Dear enemy! The color of the Austrian army, the hero of the Turkish wars! The enmity is over, we can give each other a hand ... Emperor Napoleon burns with the desire to know Prince Auersperg. In a word, these gentlemen, not for nothing, the Gascons, so bombard Auersperg with beautiful words, he is so seduced by his so quickly established intimacy with the French marshals, so blinded by the sight of Murat's mantle and ostrich feathers, qu "il n" y voit que du feu, et oubl celui qu "il devait faire faire sur l" ennemi. [That he sees only their fire and forgets about his own, about the one that he was obliged to open against the enemy.] (Despite the liveliness of his speech, Bilibin did not forget to stop after this mot to give him time to evaluate it.) The French battalion runs into tete de pont, the cannons are hammered in, and the bridge is taken. No, but the best thing,” he continued, calming down in his excitement at the charm of his own story, “is that the sergeant assigned to that cannon, at the signal of which it was supposed to light the mines and blow up the bridge, this sergeant, seeing that the French troops they were running to the bridge, they were about to shoot, but Lann took his hand away. The sergeant, who apparently was smarter than his general, approaches Auersperg and says: “Prince, you are being deceived, here are the French!” Murat sees that the case is lost if the sergeant is allowed to speak. He turns to Auersperg with surprise (a real Gascon): “I don’t recognize the Austrian discipline so praised in the world,” he says, “and you allow the lowest rank to speak to you like that!” C "est genial. Le prince d" Auersperg se pique d "honneur et fait mettre le sergent aux arrets. Non, mais avouez que c" est charmant toute cette histoire du pont de Thabor. Ce n "est ni betise, ni lachete ... [This is brilliant. Prince Auersperg is offended and orders the arrest of the sergeant. No, admit it, it's lovely, this whole story with the bridge. It’s not that stupid, it’s not that mean…]
- With "est trahison peut etre, [Perhaps treason] - said Prince Andrei, vividly imagining gray overcoats, wounds, gunpowder smoke, the sounds of firing and the glory that awaits him.
– Nonplus. Cela met la cour dans de trop mauvais draps,” continued Bilibin. - Ce n "est ni trahison, ni lachete, ni betise; c" est comme a Ulm ... - He seemed to be thinking, looking for an expression: - c "est ... c" est du Mack. Nous sommes mackes, [Also no. This puts the court in the most ridiculous position; it is neither treason, nor meanness, nor stupidity; it's like at Ulm, it's... it's Makovshchina. We got dunked. ] he concluded, feeling that he had said un mot, and fresh mot, such a mot that would be repeated.
The folds on his forehead that had been gathered up to that time quickly unfolded in a sign of pleasure, and he, smiling slightly, began to examine his nails.
- Where are you going? - he said suddenly, turning to Prince Andrei, who got up and went to his room.
- I'm going.
- Where?
- To Army.
“Did you want to stay two more days?”
The term "Know-How" was borrowed from the jurisprudence of the United States. IN English language the phrase "know-how" means "I know how to do it." In our country, this concept refers to production secrets that are classified as trade secrets. The basic condition of Know-How is that information is hidden from unauthorized persons. Otherwise, the information is classified as "secret" and is available only to its owner.
The lawyers of the Brand Alliance Capital Bureau will provide detailed advice on the protection of your production secret, develop a license agreement for Know-How and control the sale of trade secrets to a third party.
What is called the subject of know-how
Trade secrets include:
- innovative technologies;
- information of an economic or industrial orientation, organizational measures;
- fruits of intellectual work: samples obtained during the experiment, formulas, graphic images, technological maps.
In the trading sector, trade secrets are data on the capabilities of competing parties, sales markets and other information known to a small contingent. In jurisprudence, they include attorney-client privilege, and in the banking sector, the use of shares and funds in a rational way. In a word, "know-how" refers to useful knowledge that is kept in a confidential environment.
Key Features of Know-How
Information that experts recognize as Know-How must:
- first, to have commercial value, to stimulate a competitor's desire to purchase it. Information that a third party cannot use to solve any problem is not classified as a trade secret;
- second, be limited in free access. If "secret" information gets to legal basis to strangers, they are no longer considered a secret;
- third, to be in the regime of a trade secret.
How Know-How is guarded
A trade secret is protected by a patent accompanied by a know-how package. This practice protects the trade secret from being stolen by a third party. When a secret is sold, the former owner keeps it for as long as the know-how license agreement is in effect. Illegal disclosure or theft of trade secrets is punishable by administrative, disciplinary or criminal penalties.
To clarify the information in what terms we will develop a license agreement for Know-How and at what cost, please contact us by phone on the website page or send an e-mail.
Please enable JavaScript to view theAmong the objects of intellectual law, a special place is given to the secret of production (know-how), which has features that distinguish it from other objects of intellectual law. In the article we will analyze the essence, features, regime for the rights to know-how.
Concept and legal characteristics
In accordance with Article 1465 of the Civil Code of the Russian Federation, a production secret is certain information. In order to be protected by law, this information must:
Relate to a specific area: for example, technology, economics, management, production. However, the list in the law is not exhaustive.
Have a direct purpose in relation to objects of intellectual property in the scientific and technical field, or to professional activity. Let's give examples on the first and second basis. Imagine a situation where technical solution, but not patented as an object of patent law, is used by a limited circle of people, and only they benefit.
An example for the second case: a special way of organizing work in an enterprise is used as a secret of production, which significantly increases the efficiency of activities.
Have actual or potential commercial value. So, this information should either already bring profit to the right holders or can give it in the future.
The commercial value must be in direct relation to the unknown know-how of others. So, right holders, by implementing know-how in practice, achieve much greater success in entrepreneurship and production than their competitors.
Let's turn to judicial practice to find concrete examples know-how. Thus, in case 33-17808/2016, which was considered by the St. Petersburg City Court, it was established that the secret of production (know-how) was “developments in the production of paracondensate systems”. Most likely, this could be patented as an invention, but the organization did not do this, benefiting only for its own business. Another classic example of know-how is the KFC wings recipe.
Let's pay attention to the relationship between the concepts of "production secret (know-how)" and "commercial secret". If we compare the definitions from the Civil Code of the Russian Federation and from the Federal Law "On Trade Secrets", we can see that they are almost identical. However, they correlate as follows: a trade secret as a regime can be introduced in relation to know-how, but this is not always the case, the law also allows other measures that can preserve the confidentiality of information.
In practice, it is also far from always that a production secret is necessarily protected as an object of a trade secret, although this happens quite often.
Know-how rights regime
An interesting rule is enshrined in paragraph 2 of Article 1466 of the Civil Code of the Russian Federation, which regulates the situation when another person can find out about a production secret, regardless of the persons who were aware of it earlier. Such a case is quite acceptable: for example, the same technique that increases production efficiency came to mind first to one entrepreneur, and then to another. In this case, the law gives both exclusive rights, and the rights will act independently on each other.
Know-how can be used in any way that does not contradict the law, and it is also possible to dispose of the exclusive right by transferring it under a license agreement or an alienation agreement.
There is also a special condition for the termination of the exclusive right to a production secret - when third parties learn about it, and thus the confidentiality of information is lost.
Please note that the exclusive right to this object does not need to be registered. In addition, it has no terms of protection: as long as confidentiality is maintained, the law protects know-how.
Registration of a secret of production (know-how)
In practice, an interesting question arises: if know-how is not registered and no documents are issued for it, then how can an entrepreneur formalize it in principle?
Recall that the secrets of production (know-how) are subject to trade secrets, but this is not always the case. The distribution of the trade secret regime is still more expedient, since articles 10-11 of the Federal Law “On Trade Secrets” describe this regime in detail, and it is possible to draw conclusions about what documents will be required, although we note that there is no exact list, it is determined by the organization itself. However, it is desirable to have at least the following documentation:
A document that will fix what specifically refers to a trade secret (know-how);
Provision where it is necessary to prescribe the procedure for access to confidential information;
A separate provision on the regulation of issues related to the use of know-how by employees of the organization.
In addition, each employee must be acquainted with commercial information against signature with the obligation of non-disclosure of information. You also need to keep a record of all persons who are aware of the trade secret.
As for the second method, when know-how is not subject to the trade secret regime, everything here can also be legally secured in a similar way. It's just that in documents one should not use "information constituting a trade secret", but "secret of production (know-how)". With competent documentation, in any case, it will be more reliable here.
Transfer of exclusive right under contracts
There are some nuances here that need to be mentioned.
The first is that even when the alienation of the exclusive right to a secret of production has been made, the law instructs the person who transferred the right to keep commercially useful information in secret. The same is the case with the license agreement.
In addition, the Civil Code of the Russian Federation is silent on the following point: when will information be disclosed? Usually this happens as part of negotiations before concluding any deal, but the most important thing here is to take an obligation from the other person not to disclose information, otherwise he, having learned about the information, simply will not conclude an agreement.
Agreements on the transfer of rights to know-how are not registered, since the object - the exclusive right to a secret of production - is itself not subject to registration.
Thus, the secret of production (know-how) differs significantly from other objects of industrial property, which is reflected in the legal regime. It is impossible not to note its colossal benefits for the development of production and entrepreneurial activity.
