Know-how refers to technical innovations that are not protected by patent law or are not readily accessible to patent protection due to an insufficient “inventive step”. Know-how is not recognizable to the public in the final product and can therefore be kept secret. Know-how is therefore also referred to as trade secrets or business secrets. For example, it may concern manufacturing or production procedures or Tolerances.
Know-how represents a significant competitive advantage for its owner, whether because it allows low-cost manufacturing, permits superior product characteristics or allows other advantages over competitors and their products.
Know-how must meet three conditions in order to be ellegible for licensing: It must be “secret,” “substantial,” and “documented.” If these conditions are met, infringements can be successfully prosecuted. With regard to the secrecy and documentation, it is the owner of the Know-how who has to take care of.
What scenarios do we encounter in connection with Know-how?
You have one or more innovations and you are not sure how to protect them most efficiently. You want to install a suitable system internally to protect your Trade and Business Secrets. You are looking for ways to prove and legally prosecute the violation of trade and business secrets.
How can freigutpartners support you in connection with Know-How?
We analyze and discuss with you whether protecting an invention with a patent or treating it as Know-how results in the greater added value for you.
We support you in setting up and implementing internal processes to document Know-how and to ensure its confidentiality in a provable way, which also facilitates the traceability of potential secret infringements.
We draft and negotiate any licensing agreements in close consultation with you, review them and represent your interests regarding Know-how vis-à-vis third parties: If necessary also before civil and criminal courts.
Our experts for Know-how
Please contact us for a non-binding consultation. Our lawyers are at your disposal at our offices in Baden and Zurich, but will also be happy to meet you on request at our premises in Bern or at your own domicile.