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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

Author

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  • Tugce Oral

    (Faculty of Law, Ankara University, Turkey)

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.

Suggested Citation

  • Tugce Oral, 2017. "Know-how provider’s right to claim damages for non-pecuniary loss in light of the legal nature of know-how," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 192-199, December.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:192-199
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    More about this item

    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.;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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