Author ORCID Identifier
Document Type
Article
Publication Date
2023
Abstract
While know-how licenses around the world often define know-how as encompassing both secret and non-secret information, the TTBER exemption only covers know-how while it remains secret, irrespective of how it may be defined in the underlying agreement. This seeming discrepancy appears to exist because the term ‘know-how’ functions in the TTBER as a stand-in for the term ‘trade secret’, a form of IP that was not generally recognized under this name in the EU until the adoption in 2016 of the European Trade Secrecy Directive, No. 2016/943. As a result, licenses of non-secret know-how under Article 101 do not appear to benefit from the TTBER exemption and would be analysed directly under Article 101.
Recommended Citation
Jorge L Contreras, Know-How, Concurrences Global Dictionary of Competition Law (2023). https://www.concurrences.com/en/dictionary/Know-how