Contractul de know-how [Contract of Know-How]
Ana-Maria Vulpoi
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Ana-Maria Vulpoi: Asist.univ.drd., Facultatea de Drept, Universitatea “Petre Andrei” din Iasi
Jurnalul de Studii Juridice, 2009, vol. 3-4, 101-118
Abstract:
Contracts is the central institution of international trade law, it is the most important legal instrument for carrying out the operations of foreign trade and international economic cooperation. These are the main source of international trade obligations, other sources (unilateral legal acts and legal facts) showing a much less important. International trade agreements are a form of commercial contracts and, as such, just as the latter have the common law rules applicable to civil contracts in general, of which however differ in certain features, generated by their commercial nature. Contract of know-how provided by law Romanian foreign trade, with the license agreement, as one of the legal operations that are turning out scientific and technical creation abroad and is about to acquire economic and scientific-technical cooperation Know-how knowledge is characterized by: novelty value of which is embodied in the results obtained; the confidential nature of knowledge, meaning that any person who has been made aware of a secret know-how implicitly undertakes to respect this character; by dynamic operation; and by the complexity of components. Between contracting parties, transfer of know-how is carried out in different ways. Thus, it can provide material that contains new technical, you can send plans, drawings, formulas, models or you can send engineers or technicians receive specialized. Finally, know-how contract must contain clauses on which the parties agreed, so any element of confusion to be excluded.
Keywords: contract; know-how; novelty; confidential; dynamic operation; complexity of components (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:3-4:y:2009:i::p:101-118
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