Chapter 75. The Right to a Manufactory Secret (Know-How)

Article 1465. The Production Secret (Know-How)
The production secret (know-how) is information of any nature (production, technological, economic, organizational and others), including information on the results of intellectual activities in the area of science and technology and also information on the methods of carrying out professional activities which has a real or potential commercial value due to its not being known by third persons, which is not freely accessible for third persons on a legal ground, and which are covered by a commercial secret regime introduced by the owner of that information.

Article 1466. The Exclusive Right to a Manufacturing Secret

1. The owner of a production secret has an exclusive right to use it in accordance with Article 1229 of the present Code in any manner not conflicting with a law (exclusive right to a manufacture secret), including the case of manufacturing articles and realizing economic and organizational solutions. The owner of the manufacture secret may dispose of the said exclusive right.

2. A person that has become bona fide and independently of other owners of a manufacture secret an owner of the information constituting the content of the protected manufacture secret acquires an independent exclusive right to this production secret.

Article 1467. The Effect of Exclusive Right to a Production Secret
The exclusive right to a production secret shall keep effective as long as the confidentiality of the information making up its content exists. Once the relevant information are no longer confidential the exclusive right to manufacture secret is terminated for all right holders.

Article 1468. The Contract of Alienation of Exclusive Right to a Manufacture Secret

1. Under a contract of alienation of the exclusive right to a manufactories secret one party (right holder) assigns or undertakes to assign his/its exclusive right to the manufactory secret in full to the other party being the acquirer of the exclusive right to the manufacture secret.

2. In the event of alienation of an exclusive right to a manufacturing secret the person that has disposed of his/its right shall keep the manufacturing secret confidential until the termination of the exclusive right to the manufacturing secret.

Article 1469. The Licence Contract for the Grant of a Right to Use a Manufacturing Secret

1. Under the licence contract one party being the owner of an exclusive right to a production secret (licensor) assigns or undertakes to assign to the other party (licensee) a right to use the production secret within the scope established by the contract.

2. A licence contract may be concluded either with or without an indication of its effective term. Unless the effective term of the licence contract is not specified therein, any of the parties may waive the contract at any time, having notified the other party at least six month in advance, except as a longer term is envisaged by the contract.

3. In the event of grant of the right of using a production secret the person that has disposed of his/its right shall keep the confidential nature of the manufacturing secret for the whole effective term of the licence contract.
The persons that have acquired relevant rights under a licence contract shall keep the confidential nature of the secret until the termination of the right to the manufacturing secret.

 

 

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