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

ORAL MANAV T.

JURIDICAL TRIBUNE-TRIBUNA JURIDICA, cilt.7, sa.2, ss.192-199, 2017 (ESCI) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 7 Sayı: 2
  • Basım Tarihi: 2017
  • Dergi Adı: JURIDICAL TRIBUNE-TRIBUNA JURIDICA
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), International Bibliography of Social Sciences, EBSCO Legal Source, HeinOnline-Law Journal Library, vLex, Directory of Open Access Journals
  • Sayfa Sayıları: ss.192-199
  • Anahtar Kelimeler: 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
  • Ankara Üniversitesi Adresli: Hayır

Özet

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 know-how. 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.