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, vol.7, no.2, pp.192-199, 2017 (ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 7 Issue: 2
  • Publication Date: 2017
  • Journal Name: JURIDICAL TRIBUNE-TRIBUNA JURIDICA
  • Journal Indexes: Emerging Sources Citation Index (ESCI), International Bibliography of Social Sciences, EBSCO Legal Source, HeinOnline-Law Journal Library, vLex, Directory of Open Access Journals
  • Page Numbers: pp.192-199
  • 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
  • Ankara University Affiliated: No

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 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.