Die Verwertung von technischem Know-how

The work examines the contractual typological classification of the know-how contract in relation to the types of contracts under the German Civil Code (BGB). Starting from a definition of know-how that includes technical knowledge that can be conveyed independently of a person, it addresses both fixed-term and indefinite know-how contracts. The analysis focuses on the conceptual definition, legal protection, and legal nature of know-how. It becomes evident that know-how is not an intellectual property right but is factually attributed to the holder. The contractual typological classification shows that it cannot be categorized as a licensing agreement. The indefinite granting of know-how is to be classified as a sales contract for other goods. In contrast, the fixed-term know-how contract can be associated with a lease agreement.