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Know-how provider's right to claim damages for non-pecuniary loss in light of the legal nature of know-how.
- Source :
- Juridical Tribune / Tribuna Juridica; Dec2017, Vol. 7 Issue 2, p193-199, 8p
- Publication Year :
- 2017
-
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 knowhow. 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. [ABSTRACT FROM AUTHOR]
- Subjects :
- FOREIGN licensing agreements
DAMAGES (Law)
INTANGIBLE property
UNCERTAINTY
CONTRACTS
Subjects
Details
- Language :
- English
- ISSN :
- 22477195
- Volume :
- 7
- Issue :
- 2
- Database :
- Complementary Index
- Journal :
- Juridical Tribune / Tribuna Juridica
- Publication Type :
- Academic Journal
- Accession number :
- 127320625