Short Considerations on Know-How in the Light of the (EU) Directive 2016/943

Abstract

It is not uncommon to acknowledge that a Directive has as a declared purpose to create the legal framework in order to solve the conflict between the quick advance of technology and the rule of Law. It is also the case of the current Directive, which tries to create the premises in order for the member-states to adopt their own legislation so as to protect the valuable information that is perceived as know-how. Considering that the concept has no definition, the aim of this paper is to define the concept of know-how and to distinguish it from the similar notion of trade secret, departing from the already existing doctrine and legal provisions.