Know-how provider’s right to claim damages for non-pecuniary loss in light of the legal nature of know-how

Tugce Oral ()
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Tugce Oral: Faculty of Law, Ankara University, Turkey

Juridical Tribune - Review of Comparative and International Law, 2017, vol. 7, issue 2, 192-199

Abstract: The know-how contract is one of the most important means for transferring and developing technology. It is crucial to find out whether the parties of know-how contract have a right to claim damages for non-pecuniary loss in light of the legal nature of knowhow. In this article, I begin by defining the know-how contracts and in particular I will analyze the main obligations of the parties. Secondly, I will deal with the definition and the legal nature of know-how, since considerable uncertainty exists as to the degree or type of protection regarding the legal nature of know-how. There are different opinions put forward, which defines the legal nature of know-how as a property, an intangible asset, a monopoly of fact and a personality right. Finally, and on the basis of the conclusion reached under the previous section, I will discuss whether it is possible for know-how provider to claim damages for non-pecuniary loss.

Keywords: know-how; legal nature of know-how; right to claim damages for non-pecuniary loss in know-how contracts; the parties obligations arising from know-how contracts. (search for similar items in EconPapers)
JEL-codes: K22 K33 (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:7:y:2017:i:2:p:192-199

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