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27 April 2017

Industrial know-how experience!


What ever happened to the " Work " ethic of past generations who contributed to building many of the great nations in recent years? 

Having worked in Military (US Navy), Civilian government ( USGS), and for many major Industrial companies (AMSCO, 3M, Emerson Electric Co, USS Steel, Olin Chemical, and have worked in Industrial plants, Hospitals, Space bases, Power plants (both conventional or Nuclear), also on ships, offshore Drill rigs, Factories, mines and many Military bases worldwide.  In most all of these sites I worked in Electrical/Electronics engineering technical capacity for over 40 some odd years...

All of this work was done under and /or through industrial know-how.  This is an over view of some of my work experience! 
If the USA had continued this type of work ethic;  where specifically young people would have
been groomed, or encouraged to seek to build a solid drive to achieve progress based upon self determination rather than just attending and even getting a degree in non unessential area of study...

***  There is some need for both Art and Industry!   More effort should be made in developing nations so that they can provide jobs, clean environment, and support the study growth and have a developed spiritual nurturer free choice - not forced government control!   
The government should provide a safe, enriching environment where people find and build a better world! 

What is needed in any growing - developing culture is to keep the major direction of the population moving toward a solid social up bringing where the citizen work together to build a better world.  Today it appears that many are obsessed with building wealth, or becoming dominate over others in a power driven oligarchy type ruling system. 

{ More on this wrong direction for most of the nations today!} 


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Definition of industrial know-how

Know-how can be defined as confidentially held, or better, "closely held" information in the form
of unpatented inventions, formulae, designs, drawings, procedures and methods, together with accumulated skills and experience in the hands of a licensor firm's professional personnel which could assist a transferee/licensee of the object product in its manufacture and use and bring to it a competitive advantage.

It can be further supported with privately maintained expert knowledge on the operation, maintenance, use/application of the object product and of its sale, usage or disposition.
The inherent proprietary value of know-how lies embedded in the legal protection afforded to
 trade secrets in general law, particularly, "case law".

Know-how, in short, is "private intellectual property" which can be said to be a form of precursor
 to other intellectual property rights. The "trade secret law" varies from country to country, unlike
 the case for patents, trademarks and copyright for which there are formal "conventions" through which subscribing countries grant the same protection to the "property" as the others; examples
of which  are the Paris Convention for the Protection of Industrial Property and the
World Intellectual Property Organization (WIPO), under United Nations, a supportive organization designed "to encourage creative activity, [and] to promote the protection of intellectual property throughout the world".

A trade- secret may be defined as
  1. it is secret meaning it is not, as a whole or in the way its parts are arranged, known by 
  2. or readily accessible to people in the field that would normally deal with that information
  3. it is commercially valuable because it is secret
  4. reasonable effort has been made to keep it secret
For purposes of illustration, the following may be a provision in a license agreement serving to
define know-how:
Know-how shall mean technical data, formulae, standards, technical information, specifications, processes, methods, code books, raw materials, as well as all information, knowledge, assistance, trade practices and secrets, and improvements thereto, divulged, disclosed, or in any way communicated to the Licensee under this Agreement, unless such information was, at the time of disclosure, or thereafter becomes part of the general knowledge or literature which is generally available for public use from other lawful sources. The burden of proving that any information disclosed here under is not confidential information shall rest on the licensee.

There are two sets of agreements associated with the transfer of know-how agreement:

(a) the disclosure and

(b) the non-disclosure agreements which are not separately parts of the principal know-how agreement.

The initial need for "disclosure" is due to the requirement of a licensee firm to know what is the specific, unique or general "content" of the know-how that a licensor firm possesses which promises value to the licensee on entering into contract. Disclosure also aids the potential licensee in selecting among competitive offers, if any.

Such disclosures are made by licensors only under non-disclosure or confidentiality agreements in which there are express undertakings that should the ultimate license not materialize, the firm to whom the disclosure is made will not reveal - and equally important - by any manner apply, any part of the disclosed knowledge which is not in the public domain or previously known to the firm receiving the information.

Non-disclosure agreements are undertaken by those who receive confidential information from the licensee, relating to licensed know-how, so as to perform their tasks. Among them are the personnel of engineering firms who construct the plant for the licensee or those who are key employees of the licensee who have detailed access to disclosed data etcetera to administer their functions in operating the know-how-based plant.
 These are also in the nature of confidentiality agreements and carry the definition of know-how, in full or truncated part, on the need-to-know basis.

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