know-how means a set of non-patented
Posted: Wed Apr 23, 2025 3:33 am
Commercial affiliation (franchising) is the contract, however named, between two legal entities, economically and legally independent, on the basis of which one party grants the other, in return for payment, the availability of a set of industrial or intellectual property rights relating to trademarks, trade names, signs, utility models, designs, copyrights, know-how, patents, technical and commercial assistance or consultancy, inserting the affiliate into a system consisting of a plurality of affiliates distributed across the territory, for the purpose of marketing certain goods or services.
The commercial affiliation contract can be used in any sector of economic activity.
The commercial affiliation contract means:
(a) practical knowledge resulting from experience job seekers data and tests carried out by the franchisor, a set which is secret, substantial and identified; by secret, the know-how, considered as a set of notions or in the precise configuration and composition of its elements, is not generally known or easily accessible; by substantial, the know-how includes knowledge indispensable to the franchisee for the use, sale, resale, management or organisation of the contractual goods or services; by identified, the know-how must be described in a sufficiently exhaustive manner, such as to allow verification whether it meets the criteria of secrecy and substantiality.
The commercial affiliation contract can be used in any sector of economic activity.
The commercial affiliation contract means:
(a) practical knowledge resulting from experience job seekers data and tests carried out by the franchisor, a set which is secret, substantial and identified; by secret, the know-how, considered as a set of notions or in the precise configuration and composition of its elements, is not generally known or easily accessible; by substantial, the know-how includes knowledge indispensable to the franchisee for the use, sale, resale, management or organisation of the contractual goods or services; by identified, the know-how must be described in a sufficiently exhaustive manner, such as to allow verification whether it meets the criteria of secrecy and substantiality.