Technology Transfer Agreements Containing Tacit ‎Knowledge

In the world we live in transfer of technology is of a great importance. The primary ‎means of technology transfer is by imitating and making copies. However, there are ‎cases where copying is impossible or prohibited. In those cases, technology transfer ‎involves contracting. Those agreements may contain both transfer of codified and tacit ‎knowledge. Technology transfer agreements, containing tacit knowledge, have special ‎characteristics due to the presence of the know-how, and to the need to transfer it. ‎ In this paper, I explore the special measures of technology transfer agreements ‎containing tacit knowledge. I explain why general contract law does not address ‎properly those challenges. I elaborate on the current solutions to these problems, ‎adopted both by the parties and by legislatures, as well as their difficulties. Eventually, I ‎propose possible solutions, either to the legislature or to the judiciary, in order to ‎address those issues in a better way.‎MAS