The concept of "know-how" is one of the most used in the business world.
It is usual for the entrepreneur to consider that the product or service he sells has something genuine, which distinguishes him from the competition. And from there it is easy to fall into the error that the company has a true “know-how” of its own.
Regardless of the general meaning that the term has reached, it may be interesting to know how the Spanish courts interpret this concept, that is, what they understand by “know-how”.
In order for this product or service to be considered the result of our own “know-how”, our judges have been demanding the attendance basically offour requirements:
1) it must be a real secret, understood as unknown or difficult to access for most of our competitors;
2) must grant a competitive advantage with respect to the rest, that is, it must be truly useful;
3) must be concrete, easily identifiable;
4) and finally, it must bevaluable economically.
As we say, it is the legal concept of "know-how", which differs substantially from the common or generally extended concept.
The question now is to determine whether in the case of our company, the product or service we provide is the result of our own true know-how. If so, we can knowingly say that we are different, unique in the market.