The Know-How contract in times of pandemics

Today I would like to share with all of you, a topic that has been little addressed in relation to copyright or otherwise to the business, technological and/or commercial authorization for the manufacture of any good or product on an industrial scale, hereinafter I will socialize some approaches to the Know-How contract in times of pandemic.

From a theoretical-scientific construct, Know-how is called the know-how, or the art of manufacturing, an expression that points to a certain knowledge that triggers the production and marketing of a good or product, and even though it is considered as a legal recognition of great importance, this because, through it, a contract is established as an instrument of economic penetration, it is also important to take into account that there are intellectual considerations within the Know-how contract.

In this sense, the Know-how contract can be considered as an intangible intellectual and procedural asset of a certain business organization or public institution, therefore, it is a term that can be applied to the strategic part as well as to the operational, technical and scientific part of the organization, and ultimately groups the knowledge of a brand or patent.

In practice, the know-how contract is nothing more than a bilateral contract, in which the author of the new knowledge that grants the license or permit, who we call the assignor, and on the other hand, the beneficiary, who is the natural or legal person that will produce or commercialize with due authorization, the knowledge, know-how or experiences that correspond to the assignor, intervene.

In times of pandemic at the pharmacological level, the experience through the Know-how contract has been constantly increasing, this if we consider the need that multiple states have to initiate the local manufacture of vaccines against the new coronavirus, in order to manage in the best way the national funds destined for the acquisition of vaccines.

Specifically, the Know-how contract represents for the states interested in manufacturing vaccines to serve their citizens through mass immunization programs, attending to specific procedures and technologies for the production of those vaccines that they find within international solidarity schemes.

➊ Snyder J Important Considerations In Licensing Know-How with Patents. Link

➋ o Toni M Legal considerations relating to the COVID-19 outbreak. Link

The cover image was designed by the author: @lupafilotaxia, incorporating the public domain image background: Source / Author: Mauricio Donascimento, 2020