5.1. During the terms of the agreement, the licensee communicates technical information and improvements to the licensee, with the exception of technical information and improvements that the donor is authorized to disclose to the licensee under contractual obligations arising from other donor agreements. Despite the above restrictions, the licensee confirms that the technical information provided by the licensee under this agreement is sufficient to enable the manufacture to complete contractual products and will enable the licensee to meet the objectives of this agreement. In order to obtain effects against third parties, it is necessary to register the know-how agreement with the Brazilian Patent and Trademark Office. This will allow the agreement, among other things, to legitimize the transfer of royalties abroad, to deduct taxes and to apply the terms of the agreement to third parties. 2.1. The scope of technical assistance is that in these relationships, the importance of know-how should not be underestimated. Making the specifications of an invention available to someone is often not enough to produce that invention itself. Since know-how is an important and valuable asset in itself, it is important to control the use of this information. Individuals and corporations have the option of preventing, without their consent, the information subject to their control from being disclosed, acquired or used by others, provided that such information is: a) confidential, to the extent that it is not as an entity, nor in the precise configuration and assembly of its constituent elements, commonly known or easily accessible to persons in circles that normally deal with the nature of the information concerned; b) has commercial value because it is secret; and (c) that, in the present circumstances, the person lawfully controlling the information has taken reasonable steps to keep it secret. What is provided under the headings “know-how” and “technical assistance” is an issue that must be decided and agreed upon between the parties.
As such, they remain largely undefined in the text of the treaty and can be fully defined in timetables. It is important to note that the know-how calendar can include either a complete set of copies of all technical information or, if you prefer (for example. B for privacy reasons), a simple description of the structure indicating what information is provided. It is a matter of agreement between the two parties, but everything chosen has no other significant impact on the agreement. 8.1. In view of the documents drawn up and transmitted in Germany and the technical assistance provided in Germany, with regard to the licensee`s training by the licensee in Germany, in accordance with Article 3, the licensee pays the donor a lump sum payment of DM____________subject applicable Indian taxes in three identical payments, as described below. It is worth stressing that the purpose of the know-how agreement should not be confused with patentable objects or procedures that may be the subject of a different nature agreement, for example. B of a patent licensing agreement. 7.3. For the duration of the agreement, the licensee undertakes not to enter into a similar cooperation agreement with a third party for the manufacture of contract products in India, without the prior written consent of the licensee, whose authorisation cannot be unduly accepted.