Know How Agreement Template
18.1 This Agreement contains the entire agreement between the parties and supersedes all prior agreements, obligations or agreements, whether oral or written. In addition, this Agreement may not be modified, modified or otherwise modified unless it is a written agreement signed by both parties. As can be seen, the know-how contract is used to protect secret, technical, scientific or other knowledge and must include confidentiality clauses in order to protect any secrecy of the knowledge transmitted, punishing the non-performance of sanctions by the party who has not fulfilled his conditions and has therefore infringed the contractual conditions. not only by a fine, but also by the termination of the contract. 1.4 “intellectual property rights” means all rights in and to copyrights, trademarks, trade names, designs, patents, know-how (trade secrets) and any other rights arising from intellectual activity in the industrial, scientific, literary or artistic fields, as well as any request or right to apply for registration of any of these rights and any right to protect or enforce any of these rights; as specified in clause 5. First of all, we should know the concept of know-how: the majority doctrine on the subject defines it as a set of secret, technical, scientific or other knowledge of practical utility, which creates competitive advantages for a company or professional who uses it. To be effective vis-à-vis third parties, it is necessary to identify the know-how agreement concluded with the Brazilian Patent and Trademark Office. In this way, the agreement legitimizes, among other things, the transfer of royalties abroad, the parties can deduct taxes and enforce the terms of the agreement with third parties. 6.1 Licensee acknowledges and agrees that neither Licensor, nor its members of the Board of Directors, nor senior management, employees or representatives shall be liable for any loss or damage resulting from the making available or making available of the Asset by the Licensor under this Agreement or from the use of the Asset by the Licensee or its employees; and the licensee thus releases the licensor from any liability, loss, damage or claim. The know-how contract makes it possible to transfer the aforementioned “knowledge” to another person or company that will use it. The advantage of a know-how agreement lies in the possibility that the party receiving that “set” of knowledge has a market gap with its competitors when it has access to information giving it a competitive advantage.
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