How often we hear that in the market the know-how appeared? Many mean by this term a certain product which differs from others in the novelty, or a certain break. Actually the concept of a know-how is much wider and more difficult, than it can be presented. And in order that learned millions about it, the invention had to go through difficult stages of development, confidential production and legitimation of the rights.
What is the know-how?
The inventions of such character are covered with a veil of secrecy and the most strict privacy if there is a leak of commercial information, then the know-how will lose any meaning. "I know as", here is how the know-how is translated from English. This confidential production which includes the data of any character concerning inventions, knowledge, abilities, originality of technologies. The know-how can represent any subject to purchase and sale, or the latest technologies, knowledge, programs.
Types of a know-how
Subject contents the meaning confidential developments can be any. Objects of a know-how not only differ according to contents, but also on knowledge and experience. They are subdivided into several types:
- The scientific and technical direction represents a technology know-how, design decisions connected with projects, construction, installation and operational works.
- Administrative know-how mean new methods and structures in management, technology connected with planning, analyses of the market, the system of various control and the instruction may contain methods.
- Commercial know-how are offered in the field of products and services. It can be information on more authoritative firms, on promotion of products, advertizing.
- Financial know-how contain data on how it is favorable to use not only finance, but also securities, capital investments, include information on features of tax systems, bank associations, customs restrictions.
The know-how also means a concept of copyright which can extend to various literary works and arts. And copyright not is imposed on a form, and on contents. For example, the same plot can be described in different books, different authors, and here on its verbal and literary expression protection of the rights returns to normal.
Know-how and trade secret
Legal protection is possible in any field of activity. It is much more difficult to take out the patent, and here concerning confidential production of an object restrictions are not provided. Also the specific mode of protection from disclosure or illegal obtaining information is set. The right of the owner for know-how of a know-how is protected by the law on condition of full uncertainty from its party, and strict taking measures about nondisclosure from the owner. The trade secret and protection of a know-how supplement opportunities in legislative area concerning copyright.
Ideas of a know-how
Conducting successful business means use of marketing and thin psychological approach. The know-how in business can bring improbable success, having made the enterprise the monopolist. Discovery of new advantages in marketing, here that represents a know-how. Idea generation, as unique and exclusive product, the most difficult task:
- The product of the idea has to be necessary for the consumer.
- Do not spend time for useless novelties as the stylish handle with a small lamp.
- The accurate analysis of inquiries of society in the region where the product will be on sale is necessary.
- Having analyzed inquiries, it is necessary to define the most popular directions.
How to register a know-how?
The introduced idea which became result of profitable business attracts great interest of competitor companies. The company of a know-how which was registered excludes information leakage, for this purpose it is necessary:
- In a uniform package to collect all documents and information which makes know-how and to legalize the rights.
- On the enterprise concerning the idea to introduce the regime of a trade secret.
- To limit free access to the faces which are not tied with production.
The Coca-Cola company which keeps more than 100 years a drink secret the most strict secret used this way. Other way, through execution of the patent, but this way assumes production registration, and information on ways of production is not exposed to privacy. In certain cases obtaining the patent takes about a year whereas registration of a know-how and imposing of privacy no more than a week.
How to protect a know-how?
The majority of the countries of the world govern the relations connected with the innovative ideas civil, labor and trade legislations. Than the know-how secret is protected? A legal process provides the rights of protection which have to secure the owner of a know-how. Protection of the rights means in the lawful way:
- recognition of the rights;
- suppression of any actions which violate the right or create threat to its violation;
- recognitions of the debatable transaction invalid, in case of unfair competition and secret disclosure;
- indemnification;
- penalties;
- compensations of moral damage.
How to sell a know-how?
To buy, the buyer at the beginning needs to get acquainted with an object. But in some cases, when the idea is on sale, the program, the concept and it is impossible to disclose privacy, sale of a know-how is at a loss. There is a number of subtleties which can help with issues of sale:
- Conclusion of agreement on pre-sale acquaintance.
- Guarantees that the effect will be gained.
- The description of benefit from an invention.
- Granting the price, with use of a know-how and without. As a rule, the difference in 5%, is exclusive practicians in the world where the price differs in 20%.
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