Technology Transfer Agreements Containing Tacit Knowledge

In the technological world we live in transfer of technology is of a great importance. The primary means of technology transfer is by imitating and making copies. However, there are cases where copying is impossible or prohibited. In those cases, technology transfer involves contracting. Technology transfer agreements may contain both transfer of codified and tacit knowledge, which called also ¿know-how¿. Technology transfer agreements, which contain transfer of tacit knowledge, have special characteristics due to the presence of the know-how and to the need to transfer it from one party to another. Those specific measures create a set of unusual problems in the contractual relationship between the parties and to third parties. In this book, I explore the special measures of technology transfer agreements containing tacit knowledge. I explain why general contract law does not address properly the special challenges inherent in those agreements. After that, I elaborate on the current solutions to these problems. Eventually, I examine the possible solutions and propose a few in order to address those problems in a better way.