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Commercial Law — Commercial contracts — Know-how license agreements

Date Citation Note
13.07.1966 Chambre commerciale Case Société Bottonificio Fossanese v. Société Almes In this case a licensee of industrial know-how attacked the very concept of a licence of know-how by claiming that the licence agreement and therefore its own obligation to pay royalties was null and void for want of “cause” on the grounds that the licensed process was neither of great practical interest nor secret. The Court held that, since the Court of Appeal had found as a fact that the licensor had disclosed to the licensee processes and know-how then unknown to the latter (who was incapable of manufacturing the products without the aid of the licensor, and who had actually used the disclosed know-how), the Court of Appeal could rightly hold that the obligation to pay royalties was not lacking in “cause”.