Numerous companies claim to have genuine know-how. However, few of them immediately think of taking the appropriate and essential precautions to protect it efficiently and maximize its value.
In principle, there is no legal document (patent, etc.) guaranteeing exclusive appropriation of know-how.
Know-how is a secret matter, but not only!
The ViDON Group has developed real expertise in the protection and valuing of its clients’ know-how and assists them in this process.
While there is no harmonized legal definition of know-how, there are universally accepted protection keys.
Protecting know-how
The first requirement is to keep one’s know-how secret.
The know-how firstly needs to be identified and formalized through the efficient description of the information/methodologies/formulas kept secret; moreover, such know-how must be substantial or have economic value.
What protection measures?
There are three types of protection measures:
- technical measures
- contractual measures
- legal measures.
These measures concern at least four protection levels, with regard to:
- people (holders)
- the media on which the know-how is described,
- enterprises (places to be protected),
- communications (and telecommunications in general; electronic data; access to sensitive data)
Proof of know-how
Since one’s know-how is an intangible asset, it is necessary to identify it and be able to show proof of its date of creation.
In France and internationally, only a government official can certify the date of creation of formalized know-how
Valuing / transferring know-how
Legally speaking, intangible assets including know-how are “transferrable” and can be valued on that occasion.
The transfer of know-how is organized in a formal way and requires the signing of a contract. The writing of this type of contract is a complex matter.
The ViDON Group is there to help you with all the procedures and formalities.