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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.

Authors :
Oral, Tuğçe
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]

Details

Language :
English
ISSN :
22477195
Volume :
7
Issue :
2
Database :
Complementary Index
Journal :
Juridical Tribune / Tribuna Juridica
Publication Type :
Academic Journal
Accession number :
127320625