Виправлення

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текст з - English

  • A NEW WAY TO PROTECT TRADE SECRETS

  • I.
    • WHY IS IT IMPORTANT TO PROTECT TRADE SECRET ?
    • The law no 2018-670 on protection of trade secret dated 30 July 2018 has transposed the directive 2016/943/UE of 8 June 2016 which protects undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the « Directive »).
    • Secrecy has already a place in the French legal environment, via various civil and criminal law regulations (see below), but it is now trade secrets that will be recognized by law as being essential components of companies’intangible assets.
  • As such, they may benefit from a specific protective framework.
  • Seules les entreprises ayant mis en place, selon les termes de la loi, des « mesures de protection raisonnables » pour garder leurs informations secrètes pourront efficacement faire valoir leurs droits devant les autorités judiciaires.
  • Only companies that have implemented, "reasonable protection measures" to keep their information secret will be able to assert their rights before the judicial authorities.
  • EFFECTIVE PROTECTION OF TRADE SECRETS WILL REQUIRE TO PUT IN PLACE THE FOLLOWING THREE KEY STEPS: - identification of confidential information - its classification - organization of its protection Companies needs to take an active approach and take responsibility for their own protection.
  • In the event of trial for breach of trade secrets (cf.
  • III), judges will check whether this protective framework is effecient.
  • If it is not the case, the legal action will not be successful.
  • The French legislator has chosen to incorporate these provisions into the Commercial Code, and not into the Intellectual Property Code, as the directive which could present this protection as a complement to intellectual property rights could have prompted.
  • Intellectual property protection was not always sufficient to mitigate the risks linked to the disclosure of the creation.
  • Indeed, counterpart of protection by intellectual property rights is their publicity.
  • Trade secret law offers creators the choice between intellectual property route (involving disclosure), and the trade secret route.

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