Know-How and Know-How Contracts

7 Baku St. U. L.Rev. 214 (2021)
Article language: Azerbaijani.


This article describes the concept, elements, and characteristics of know-how, and the question of whether know-how is property or right. It also explains the purpose, form, duration, parties, and the obligations of the parties of know-how contracts, and their similar and different aspects from the contracts and clarified the legal classification of know-how contracts as a combined or sui generis contract. The questions referred to are answered in the light of the definition of the World Intellectual Property Organization’s Model Law for Developing Countries on Inventions, literature, and the Law of the Republic of Azerbaijan on Trade Secret. The main questions explored by this article are whether know-how should be classified as a tangible thing or an intangible property right, and depending on the answer to this question, what the legal nature of and the applicable legal norms to a know-how contract are. For this purpose, the article studies the perspectives of classifying know-how contracts as sui generis contract and applying to the disputes, if applicable, customary law according to Article 390(7) of the Civil Code of the Republic of Azerbaijan, or in the absence of customary law, the analogy of law while considering the requirements of justice, conscientiousness, and morals, according to Article 11(2) of the same Code.

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