Academic

Jorda on : Terminology Misconceptions

After reciting the trade secret definitions, a word about nomenclature and terminology associated with the usage of the terms “know-how” and “trade secret” is quite germane to clear up semantic confusion. While the key requirement of a trade secret is secrecy, definitions of “know-how” are completely silent on secrecy as can be seen from the following definitions:

• Know-how. The knowledge and skill required to do something correctly. (The American Heritage Dictionary, p.705)
• Know-how. Information that enables one to accomplish a particular task or to operate a particular device or process. (J. Thomas McCarthy et al., McCarthy’s Desk Encyclopedia of Intellectual Property, p. 330 (3rd ed. 2004)).
• Know-how is knowledge and experience of a technical, commercial, administrative, financial or other nature, which is practically applicable in the operation of an enterprise or the practice of a profession. (International Association for the Protection of Intellectual Property, Mexican Congress Resolution (1973)).

Full post as published by Jorda on Trade Secrets on October 08, 2007 (boomark / email).