Know-how

Know-how refers to all the non-patented knowledge, techniques, skills and information that are held by a company or an individual and that give them a competitive advantage on the market. In other words, it is secret technical knowledge necessary for the realization of an economic activity. In fact, it is most often technical knowledge necessary for the implementation of the invention that is disclosed by a patent.

Know-how may be transferred or assigned by contract, with the parties free to determine the terms governing its transfer and protection. In case of infringement of know-how rights, courts may award damages, particularly to compensate for any economic losses sustained by the injured party. Moreover, know-how is now recognized as a trade secret, benefiting from legal protection in France and across the European Union under recent legislation safeguarding such confidential information.