Technical parameters for assessing the existence of know-how: the Case Study of Centro Ricerche e Studi dei Laghi

Abstract

Know-how is defined by EC Regulation No. 772/2004 of 27 April 2004 as a "patrimony of unpatented practical knowledge derived from experience and testing, a patrimony that is: i) secret, i.e. not generally known or accessible; ii) substantial, i.e. significant and useful for the production of contractual products; and iii) identified, i.e. described in a sufficiently comprehensive manner, such as to verify whether it meets the criteria of secrecy and substantiality". The aim of this article is to propose a formula with which to determine the presence of the parameters required to correctly define know-how, analysing the Case Study of Centro Ricerche e Studi dei Laghi. At the methodological level, the study proposes a series of parameters and variables identified both in the literature and from experimental development actions on a number of test companies. The results thus demonstrate the possibility of objectively measuring corporate know-how, thus defining an analysis model that can be transversally applied to the various production areas.