Know-how is widely studied in the book Know-how: the eight skills that distinguish good performers from others[12]​ by Dr. Ram Charan, who is one of the most recognized consultants worldwide in this area. Before turning to consulting, he was a professor of marketing at Harvard Business School, the Kellogg School of Management, and Boston University. According to this book, the eight main know-how skills are as follows:.

The Know How contract is characterized by its sui generis and atypical nature within commercial law, given that it is not specifically regulated in many legislations, which implies that its configuration depends largely on the agreement between the parties and doctrinal and jurisprudential interpretation.[14]​.

Among its main legal characteristics are:

This combination of characteristics generates a unique contractual figure that challenges the traditional categories of law, which has motivated doctrinal proposals for its specific regulation and a detailed analysis in the field of industrial property and technological transfer.[15]​.

Various doctrines and authors have studied the Know How contract, providing definitions that highlight its importance in the commercial field and its particular legal nature.[16]​.

For example, the UNIDROIT Franchise Guide defines know-how as the set of specific and distinctive professional knowledge that is acquired through experience in a specific activity, integrating practical and technical information.

The jurist Marco Vinicio Alfaro Rodríguez [13] points out that Know How is the "cornerstone" in the mass production of companies and emerges as a mechanism to avoid industrial espionage and protect business secrets.

Herbert Stumpf,[17]​ in his work The Know How Contract, conceptualizes it as an agreement that deals with technical, commercial or economic knowledge not protected by industrial rights, but kept secret, whose exploitation allows the beneficiary not only to produce and sell goods but also to develop other business activities.

Finally, Dr. Vinicio Alfaro highlights the hybrid nature of the contract, which exceeds traditional categories, which is why specific legal regulation is considered necessary for its correct application and legal security.[18]​.

These definitions reflect the complexity and relevance of Know How as a contract, underlining its role in the transfer of technology and knowledge that is not covered by formal intellectual property.

The Know How contract plays a fundamental role in industrial, technological and commercial sectors, where technical and operational knowledge is a strategic asset for companies. The transfer of this knowledge allows organizations to access techniques, processes and experiences that are not protected by patents, but that are essential for production, innovation and competitiveness in the market.[19]​.

This type of contract facilitates the expansion of specific technologies and knowledge without it being necessary to publicly reveal the details protected by industrial property, thus contributing to the protection of business secrets and the prevention of industrial espionage.

Furthermore, Know How is key in business models such as franchises, strategic alliances and joint ventures, where the transmission of exclusive knowledge allows the efficient replication of productive and commercial processes, ensuring quality standards and competitive advantages.[20]​.

For these reasons, the Know How contract is an indispensable legal tool for technology transfer and business development in economies based on innovation and knowledge.

Know How can be transmitted in various ways, adapting to the needs and characteristics of the sector or company involved. The main forms of transmission include:[21]​.

Furthermore, the spillover effect theory explains that Know How can be indirectly disseminated beyond the original contract,[13]​ generating additional benefits for the sector or the economy in general. This effect occurs when the technical or commercial knowledge transmitted to one company is replicated or adapted in others, promoting innovation and technological development. However, this diffusion also poses challenges for the protection of Know How and the negotiation of contracts, given that some knowledge can be lost or used without authorization.

These modalities and effects make Know How a fundamental strategic intangible asset for business competitiveness and technological expansion.

The regulation of the Know How contract and its protection varies by country,[18]​ reflecting different legal approaches to safeguarding confidential technical and commercial knowledge. The following table summarizes the main regulations and types of protection applied in some relevant countries:.

Know How constitutes an essential element in the franchise contract, since it represents the set of technical, commercial and operational knowledge that the franchisor transmits to the franchisee for the successful exploitation of the business under a common brand.[22]​.

This knowledge includes production methods, business techniques, administrative processes, marketing strategies and quality standards that allow the franchisee to replicate a proven and competitive business model. The transmission of Know How within the framework of the franchise is carried out through the delivery of manuals, training, technical assistance and constant supervision.[23]​.

From a legal point of view, the Know How in the franchise contract is protected through specific clauses that guarantee confidentiality and exclusive use by the franchisee, preventing its disclosure or improper use. Likewise, its correct management is essential to preserve the uniformity and reputation of the franchise.[18]​.

Therefore, the franchise contract can be considered a practical and extended form of the Know How contract, in which the transfer of knowledge is combined with the license to use the brand and other intangible assets, consolidating a complex contractual link of high economic and commercial importance.

When applied to an organization, it is said to be the experience that it has to develop its activities, whether productive, administrative, financial, commercial or control.[8] Know-how in a company, since the industrial era, has become a valuable intangible asset, which includes the most appropriate way of mixing components, the equipment used, the personnel who know how to perform the tasks, etc. In short, the know-how of a company is the "operational knowledge essential to running a company."[9]​.

This is precisely what franchises offer, how to do things in a company so that it is highly productive and profitable. This knowledge must be protected as an industrial and commercial secret,[10][8]​ and can be considered as a practical extension beyond the creation of patents, which would be the knowledge or general knowledge of the company.[9]​.

Know How or "know how" not only refers to practical and technical knowledge not protected by patent, but also constitutes the basis of a particular type of contract in the commercial and industrial field, known as Know How transfer contract. This contract is of an atypical and sui generis nature, and is commonly used in technological, industrial and commercial sectors for the transmission of technical, commercial or economic knowledge that is not protected by industrial property rights, but that is valuable for the operation and competitiveness of companies.

According to the UNIDROIT Franchise Guide[11]​, the term "know-how" covers the set of distinctive professional knowledge acquired by people engaged in a specific activity, including factual information and practical experience. Likewise, legal doctrines define it as a contract through which one party provides another, in exchange for consideration, with technological or technical information that allows it to maintain a privileged position in the market.

The contractual nature of Know How is hybrid, as it combines elements of intellectual property, confidentiality and technology transfer, which generates the need for specific regulations for its proper application. For this reason, the Know How contract is configured as a consensual, onerous or free agreement, and may imply obligations of immediate or successive execution, adapting to the particularities of each sector and negotiation.

Know-how is widely studied in the book Know-how: the eight skills that distinguish good performers from others[12]​ by Dr. Ram Charan, who is one of the most recognized consultants worldwide in this area. Before turning to consulting, he was a professor of marketing at Harvard Business School, the Kellogg School of Management, and Boston University. According to this book, the eight main know-how skills are as follows:.

The Know How contract is characterized by its sui generis and atypical nature within commercial law, given that it is not specifically regulated in many legislations, which implies that its configuration depends largely on the agreement between the parties and doctrinal and jurisprudential interpretation.[14]​.

Among its main legal characteristics are:

This combination of characteristics generates a unique contractual figure that challenges the traditional categories of law, which has motivated doctrinal proposals for its specific regulation and a detailed analysis in the field of industrial property and technological transfer.[15]​.

Various doctrines and authors have studied the Know How contract, providing definitions that highlight its importance in the commercial field and its particular legal nature.[16]​.

For example, the UNIDROIT Franchise Guide defines know-how as the set of specific and distinctive professional knowledge that is acquired through experience in a specific activity, integrating practical and technical information.

The jurist Marco Vinicio Alfaro Rodríguez [13] points out that Know How is the "cornerstone" in the mass production of companies and emerges as a mechanism to avoid industrial espionage and protect business secrets.

Herbert Stumpf,[17]​ in his work The Know How Contract, conceptualizes it as an agreement that deals with technical, commercial or economic knowledge not protected by industrial rights, but kept secret, whose exploitation allows the beneficiary not only to produce and sell goods but also to develop other business activities.

Finally, Dr. Vinicio Alfaro highlights the hybrid nature of the contract, which exceeds traditional categories, which is why specific legal regulation is considered necessary for its correct application and legal security.[18]​.

These definitions reflect the complexity and relevance of Know How as a contract, underlining its role in the transfer of technology and knowledge that is not covered by formal intellectual property.

The Know How contract plays a fundamental role in industrial, technological and commercial sectors, where technical and operational knowledge is a strategic asset for companies. The transfer of this knowledge allows organizations to access techniques, processes and experiences that are not protected by patents, but that are essential for production, innovation and competitiveness in the market.[19]​.

This type of contract facilitates the expansion of specific technologies and knowledge without it being necessary to publicly reveal the details protected by industrial property, thus contributing to the protection of business secrets and the prevention of industrial espionage.

Furthermore, Know How is key in business models such as franchises, strategic alliances and joint ventures, where the transmission of exclusive knowledge allows the efficient replication of productive and commercial processes, ensuring quality standards and competitive advantages.[20]​.

For these reasons, the Know How contract is an indispensable legal tool for technology transfer and business development in economies based on innovation and knowledge.

Know How can be transmitted in various ways, adapting to the needs and characteristics of the sector or company involved. The main forms of transmission include:[21]​.

Furthermore, the spillover effect theory explains that Know How can be indirectly disseminated beyond the original contract,[13]​ generating additional benefits for the sector or the economy in general. This effect occurs when the technical or commercial knowledge transmitted to one company is replicated or adapted in others, promoting innovation and technological development. However, this diffusion also poses challenges for the protection of Know How and the negotiation of contracts, given that some knowledge can be lost or used without authorization.

These modalities and effects make Know How a fundamental strategic intangible asset for business competitiveness and technological expansion.

The regulation of the Know How contract and its protection varies by country,[18]​ reflecting different legal approaches to safeguarding confidential technical and commercial knowledge. The following table summarizes the main regulations and types of protection applied in some relevant countries:.

Know How constitutes an essential element in the franchise contract, since it represents the set of technical, commercial and operational knowledge that the franchisor transmits to the franchisee for the successful exploitation of the business under a common brand.[22]​.

This knowledge includes production methods, business techniques, administrative processes, marketing strategies and quality standards that allow the franchisee to replicate a proven and competitive business model. The transmission of Know How within the framework of the franchise is carried out through the delivery of manuals, training, technical assistance and constant supervision.[23]​.

From a legal point of view, the Know How in the franchise contract is protected through specific clauses that guarantee confidentiality and exclusive use by the franchisee, preventing its disclosure or improper use. Likewise, its correct management is essential to preserve the uniformity and reputation of the franchise.[18]​.

Therefore, the franchise contract can be considered a practical and extended form of the Know How contract, in which the transfer of knowledge is combined with the license to use the brand and other intangible assets, consolidating a complex contractual link of high economic and commercial importance.