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Technical Know How Agreement

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. The intrinsic value of ownership of know-how is part of the legal protection of trade secrets in ordinary law, in particular in case law. [2] Know-how, in short, is “private intellectual property”, which can be described as a precursor to other intellectual property rights. Trade secret law varies from country to country, unlike patents, trademarks and copyrights, for which there are formal “conventions” wherein subscribing countries grant the same protection to “property” as to others; The Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO) among the United Nations, a supporting organization intended to “promote creative activities and promote the protection of intellectual property worldwide.” In such relationships, the importance of know-how should not be underestimated. Making the specifications of an invention available to someone is often not enough to be able to make that invention itself. Since know-how is an important and valuable asset in itself, it is important to control the use of this information. 8.2. Taking into account the grant of the licensor`s patent and other rights and the use of technical information and improvements as well as the technical assistance provided in India, the licensee shall pay the licensor a licence fee of……% (……) of the ex-works selling price of all contract products and parts thereof manufactured and sold, leased or operated for commercial purposes by the lessee during the validity of the agreement in accordance with Article 13.1. All royalty payments are subject to applicable Indian taxes.

Under Indian law, the tax liability lies with the licensor. The licensee is free to deduct these withholding taxes, on behalf of the licensor, from the royalty to be paid to the licensor. In the event that the tax is paid by the licensee on behalf of the donor, the licensee must present the donor with a tax receipt certificate. 5.1. During the terms of this Agreement, the licensor shall transmit to the licensee technical information and improvements, with the exception of technical information and improvements the disclosure of which to the licensee is precluded due to contractual obligations arising from other agreements concluded by the licensor. Notwithstanding the above restrictions, the licensor confirms that the technical information provided by the licensor under this Agreement is sufficient to enable the manufacture of contract products and to enable the licensee to fulfil the objectives of this Agreement. . .

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