Μεταφορά τεχνολογίας -- Δίκαιο και νομοθεσία -- Ελλάδα Μεταφορά τεχνολογίας -- Δίκαιο και νομοθεσία -- Ευρωπαϊκή Ένωση, Χώρες της Βιομηχανική ιδιοκτησία -- Ελλάδα Βιομηχανική ιδιοκτησία -- Ευρωπαϊκή Ένωση, Χώρες της Technology transfer -- Law and legislation -- Greece Technology transfer -- Law and legislation -- European Union countries Industrial property -- Greece Industrial property -- European Union countries
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Τhe concept of “know-how” is a relatively recent development. It is a broader notion than that of “trade secrets”, with which it is often identified. The notion of trade secrets goes back to the time when there were no patents and craftsmen closely guarded their secret formulae, processes and methods of manufacture and includes matters which are not patentable, either because of a lack of inventive height or because of their being compositions or devices which do not rise to the level of invention at all. The extension of the concept of trade secrets had gone so far that a new term had to be used in order to cover all its contents, i.e. know-how.In know-how there is no question of a novel method of manufacture inspired by high principle or by inventive ideas but rather of detailed innovation in industrial techniques having a practical value and being the fruit of practical experience and trial and error. According a widely accepted definition of know-how, it is a factual knowledge not capable of precise, separate description, not or no longer patentable, which gives to the one acquiring it an ability to produce something which he otherwise would not have known to produce with the same accuracy found necessary for commercial success. The value of know-how is not judged by creative activity but by technical commercial superiority and marketing excellence. So long as an enterprise guards its know-how confidentially and does not permit general publication, it can claim a right in its know-how. From the moment know-how is published or is shared by too many, its marketing value may disappearKnow-how, because of its nature as a property asset, is often the subject of contractual transactions by transfer or by licenses, just like patents, while trade secrets are usually not disclosed to others. Ordinarily, dealings with know-how are on the basis of exclusive or non-exclusive licenses. A communication of know-how to an exclusive licensee is equivalent to a transfer of the entire interest therein, if it excludes even the licensor from using the know-how in question in the same territory, or if the grant is for such a long term that the value of the know-how is practically exhausted by the termination of the agreement. However, an exclusive license in a reciprocal cross-licensing arrangement or grant-back situation may involve anticompetitive effects and antitrust problems.The Commission Regulation (EC) No 772/2004 of 27 April 2004 “on the application of Article 81(3) of the Treaty to categories of technology transfer agreements”intents to simplify the procedure of block exemption from article 81 of the Treaty concerning, among others, know-how transfer agreements.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικό Δίκαιο, 2009