Know-how
Introduction
Know-how is the knowledge that has been gained on the basis of experience and operational basis of a company. The know-how is confidential, substantial and identifiable. This knowledge may consist formulas, designs, drawings, procedures and methods. Know-how is often obtained by severe financial and intellectual investment. Protect your investment and ensure the legal protection of your know-how.
Protecting trade secrets or know-how.
Factory secrets are all the technical knowledge (see above) that are not accessible to the public and not the subject of a patent (as a patent application is public). One can transfer this knowledge, which may represent a significant economic value, to a third party. Since know-how is often the result of large financial and intellectual investment one should make every effort to ensure that one’s competitors do not obtain this valuable know-how.
How?
There exists no specific legal right concerning know-how, so it falls under the category of ‘simple ideas’ and the protection should be done through secrecy or specific contracts (the confidentiality agreements). One can therefore be contractually liable if they do not respect this confidentiality. Furthermore, the original owner can initiate a proceeding against its competitor based on unfair competition. Regarding to employees, there is also Article 309 Criminal Code that establishes the offense of violating a trade secret by an employee (imprisonment and / or a fine).
MyLex assists you in drafting (confidentiality) agreements or by defining your protection approach.
Know-how summary
There exists no specific legal right concerning know-how, so it falls under the category of ‘simple ideas’ and the protection should be done through secrecy or specific contracts (the confidentiality agreements). MyLex assists you in drafting (confidentiality) agreements or by defining your protection approach.