一、Know—How与专有技术 “Know—How”一词被引入法律领域后,至今仍没有统一定义。在美国,Know—How与Trade—Secret经常在合同中交互使用,而英国的一些学者和判例认为,这两者之间是有区别的,前者不是独立的技术,它必须依附于某项专利或某项商业秘密,作为实施主要技术时所必备的经验性技巧而存在;后者则指独成一体的或一整套的专有的秘密技术。但国内外大多数学者认为,Trade—Secret与Know—How是同义词,不妨以Know—How来统称一切秘密的技术,包括商业、管理、技术在内的各种秘密。在我国,对Know— First, Know-How and Know-How The word “Know-How” is still not universally defined until it is introduced into the legal field. In the United States, Know-How and Trade-Secret are often used interactively in contracts. Some scholars and jurisprudence in the UK think there is a difference between the two. The former is not an independent technology and must be attached to a patent or A trade secret exists as an empirical skill necessary to implement a major technology, while the latter refers to a one-of-a-kind or proprietary set of secret technologies. However, most scholars at home and abroad think that Trade-Secret is synonymous with Know-How. They may use Know-How to refer to all secret technologies, including all kinds of secrets including business, management and technology. In our country, Know-