Valenţe ale know-how-ului ca bun incorporal
Value of know-how as an incorporeal asset
Author(s): Şerban DiaconescuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: know-how; intellectual creation; economic value; asset (professional and creation); franchise agreement;
Summary/Abstract: Know-how is being contemplated as a form of intellectual creation that prevails for certain authors merely a protected legal interest, given its lockout, by virtue of legal definition, from the category of copyright. From the perspective of the new civil code this incorporeal thing represents an economic value that can become the object of a patrimonial right, thus susceptible to be considered an incorporeal asset. Placed at the crossroad between professional and creation assets, a mixing of components that can be placed in either of the two categories, this concept, that includes the science of selling, ways of unraveling a business with a successful image among clients of the products and services being offered, has to be transferred the holder through the completion of the granted obligations as mentioned in the franchise agreement or know-how license. A modern outlook upon the approach and conveyance of such goods allow their framing regarding the category of subjective rights, as an interest upon this practical nonpatentable knowledge.
Journal: Revista Română de Drept Privat
- Issue Year: 2017
- Issue No: 03
- Page Range: 102-115
- Page Count: 14
- Language: Romanian
- Content File-PDF