Know-how contract

Along with globalization and changes, the world holds a more dynamic system compared to the old times. Nowadays, as a result of the advanced technology and easier access to knowledge, non-materialistic values such as trademark, patent, technical knowledge and experience have become more important and carry more importance compared to materialistic values. As technology advances, it becomes even more inseparable with the fields of trade and industry. With these factors, it's inevitable that these areas develop at a faster pace and globalize even more. As a result of globalization and expansion, it has become harder to take advantage in competitive areas since businesses can access to information faster than ever before. Businesses should reach out to information and technological developments swiftly and take advantage of these knowledges in order to keep their continuity and self-grow in this highly competitive and dynamic system. If the commercial and technical information that businesses possess can be classified as industrial rights, they are registered and legally protected by the Turkish Patent and Trademark Office. However, some knowledges and experiences may not carry the conditions to become legal industrial rights. And some of them may carry those conditions but are preferred to be kept confidential to give the business an economical advantage. Due to becoming open to the interested parties with registration, knowledge and experiences that are preferred to be kept secret, cannot be protected under the law because of not patenting. Generally, contracts that are not protected by law as an industrial right but enable the use or transfer of information and experience that provides economic advantage to the owner are called know-how contracts. Due to know-how contracts becoming ever more important in the globalizing world, this subject has been chosen as a Master's thesis. The sources related to the thesis have been evaluated until the submission date of the thesis. Keywords: Know-how, know-how contract, legal characteristic of know-how contracts, rights and obligations of the parties, termination of know-how contract.