The Complex Nature Of Know-How Protection: EU Directive No. 2016/943 Insights

In the past decades, the legal status of the concept of know-how has been a subject of debate among scholars. Initially, it was not recognized as a genuine intellectual property right. However, it is now widely acknowledged as such by most international bodies and states, enjoying broad recognition and protection within the European Union.

From a historical perspective, the 1883 Paris Convention for the Protection of Industrial Property did not explicitly mention know-how or trade secrets as objects of intellectual property, sparking a debate on the matter. Some argued that know-how represents a form of intangible property, an asset subject to general property rules. Others put forth the thesis that the concept of know-how is integrated into intellectual property law. Over time, European norms fully embraced the latter viewpoint, considering know-how as a part of intellectual property law.