Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Know-how definition

What does Know-how mean? Know-how describes practical technical or commercial information—typically confidential—that enables a business to perform processes, make products or deliver services more effectively. It covers methods, formulas, designs, operating procedures and problem-solving techniques, whether recorded or retained in an individual’s memory. It is a descriptive term rather than a defined statutory concept and is not a property right in itself. In the UK and Ireland it is commonly protected as confidential information under the law/equitable duty of confidence (e.g. Coco v A N Clark; Saltman Engineering). Where the information satisfies the statutory definition of a trade secret, additional remedies apply under the Trade...

Know-how in the UK: protection, confidentiality/trade secrets, licensing terms, R&D agreements, competition law and co-ownership

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Practice notes

This Practice Note outlines what Know-how is and identifies the various methods by which it can be safeguarded, before offering guidance on matters connected to licensing know-how, including licensing within a broader Research and development (R&D) arrangement. It covers why know-how is licensed, the principal clauses of a know-how Licence, IP considerations in R&D agreements and issues around co-ownership of IP rights.

What is know-how?

‘Know-how’ denotes technical or practical knowledge gained through research or experience and typically concerns how something is carried out. This technical or practical insight may be documented in any format—or retained solely in the mind of an inventor or key employee—and may include operating manuals, drawings, blueprints and other technical material. As it is not always recorded in writing, it can be hard to define. However, Article 1 of Assimilated Regulation (EU) 316/2014, the Technology Transfer Block Exemption Regulation (UK TTBER), gives the following statutory definition for transactional purposes: ‘Know-how’ means a package of practical information, resulting from experience and testing, which is:

secret, that is to say, not generally known or easily accessible
substantial, that...

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Web page updated on 21/05/2026

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