Know-how: segredo industrial ou contrato de transferência de tecnologia

• Autor(a) principal: Souza, Márcia Felisberto de
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5995
• topic: Direito empresarial; Propriedade industrial; Transferência de tecnologia

OBJECTIVE: To identify as reasons that lead the holder of the know-how to opt for industrial secrecy when allowing the technology transfer contract. METHOD: Regarding the level of depth, it is possible to classify a research carried out as exploratory, considering what type of objective identifies the variations related to technology transfer contracts, especially which is the best option for the know-how holder. It does not refer to the approach, it was qualitative in nature, that is, analyze as possible interpretations on the subject, do not see attending to data data. As for the procedure used for data collection, a bibliographic and documentary research, considering that it was performed mainly from clinical analyzes and materials already published on subjects such as theses and articles, in addition to legislation and jurisprudence. RESULTS: Industrial property rights aim to protect the legal protection of intellectual property rights in the business sector. The protection of industrial property is made by the constitutive administrative act, conferred by the National Institute of Industrial Property - INPI, using a patent grant and registration. However, a figure of know-how has emerged in the business scene, meaning “knowing how” and understanding the original processes or secrets that a person has and which, if appropriate, accept as a result or benefit to those who use it. Therefore, know-how is often associated with industrial secrecy, which, in turn, concerns the business that is kept confidential, and which generally gives its detector some advantage over its performance. CONCLUSION: Defining which patent and registration requirements are incompatible with know-how and which is an atypical contract, it is not possible to apply specific legal protection, it has been found that their protection using industrial secrecy based on sliding use legislation is a way adequate and safe to protect the content of the know-how without jeopardizing the disclosure of the information contained therein.