Legal nature and contractual conditions in know-how transactions
CM Correa - Ga. J. Int'l & Comp. L., 1981 - HeinOnline
CM Correa
Ga. J. Int'l & Comp. L., 1981•HeinOnlineThe contractual transmission of know-how is currently one of the most important means of
transferring technology, particularly for developing countries. The definition and legal nature
of knowhow, as well as the validity of agreements and conditions for its transfer, present a
number of complex substantive issues. Those issues have received a wide range of
treatment under different systems of law and in different countries. Not surprisingly,
considerable uncertainty exists as to the degree of protection, if any, recognized for know …
transferring technology, particularly for developing countries. The definition and legal nature
of knowhow, as well as the validity of agreements and conditions for its transfer, present a
number of complex substantive issues. Those issues have received a wide range of
treatment under different systems of law and in different countries. Not surprisingly,
considerable uncertainty exists as to the degree of protection, if any, recognized for know …
The contractual transmission of know-how is currently one of the most important means of transferring technology, particularly for developing countries. The definition and legal nature of knowhow, as well as the validity of agreements and conditions for its transfer, present a number of complex substantive issues. Those issues have received a wide range of treatment under different systems of law and in different countries. Not surprisingly, considerable uncertainty exists as to the degree of protection, if any, recognized for know-how and of the effects of agreements for its transfer. This article reviews current ideas on know-how in light of particular interests and needs of developing countries. Due to the lack of a comprehensive legal approach to the matter in such countries, the analysis does not exhaust itself in de lege lata considerations, but attempts to provide criteria for possible
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