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    • HOW WAS TRADE SECRET PROTECTED BEFORE THE DIRECTIVE?

  • Before the transposition of the Directive, legal protection of trade secrets was ensured by various civil and criminal law.
    • As regards civil law: mainly thanks to non-disclosure or confidentiality clauses concluded with employees or external service providers and suppliers who may become aware of trade secrets when performing their missions.
  • In case of violation of these clauses, their contractual civil liability could be incurred.
    • As regards criminal law: there are various regimes to protect certain types of trade secrets.
    • For example, the penalties for violation of manufacturing secrets are set forth in Article L.1227-1 of the Labour Code which provides that: “ the fact of revealing or attempting to reveal a manufacturing secret by any director or salaried person of the enterprise in which he is employed shall be punishable by imprisonment of two years and a fine of 30.000 Euros ”.
  • However, the concept of "manufacturing secret" is strictly interpreted by case law as a "technical industrial process" and therefore does not generally encompass all trade secrets.
  • Breaching trade secrets can also fall under the offense of breach of trust (article L.
  • 314-1 of the Criminal Code), concealment (article L.
  • 321-1 Criminal Code), theft (article L.
  • 311-1 of the Criminal Code).
    • However, here again, case law interpretation of these texts remains restrictive and does not allow all trade secrets to be protected Another example is the protection of automated data processing systems set forth in articles L.
    • 323-1 et seq. of the Criminal Code.

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  • 문장 1
    • Before the transposition of the Directive, legal protection of trade secrets was ensured by various civil and criminal law.
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  • 문장 2
    • As regards civil law: mainly thanks to non-disclosure or confidentiality clauses concluded with employees or external service providers and suppliers who may become aware of trade secrets when performing their missions.
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    • As regards to civil law: it's mainly thanks to non-disclosure or confidentiality clauses concluded with employees or external service providers and suppliers who may become aware of trade secrets when performing their missionduties.
      genzaimugenzaimu profile picture 댓글
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  • 문장 3
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  • 문장 5
    • For example, the penalties for violation of manufacturing secrets are set forth in Article L.1227-1 of the Labour Code which provides that: “ the fact of revealing or attempting to reveal a manufacturing secret by any director or salaried person of the enterprise in which he is employed shall be punishable by imprisonment of two years and a fine of 30.000 Euros ”.
      투표하세요!
    • For example, the penalties for violation of manufacturing secrets are set forth in Article L.1227-1 of the Labour Code which provides that: “ the fact of revealing or attempting to reveal a manufacturing secret by any director or salaried person of the enterprise in which he is employed shall be punishable by imprisonment of two years and a fine of 30.000 Euros ”.
      genzaimugenzaimu profile picture 댓글
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    • ADD a NEW CORRECTION! - 문장 5ADD a NEW CORRECTION! - 문장 5
  • 문장 6
    • However, the concept of "manufacturing secret" is strictly interpreted by case law as a "technical industrial process" and therefore does not generally encompass all trade secrets.
      투표하세요!
    • ADD a NEW CORRECTION! - 문장 6ADD a NEW CORRECTION! - 문장 6
  • 문장 7
  • 문장 8
  • 문장 9
  • 문장 10
  • 문장 11
    • However, here again, case law interpretation of these texts remains restrictive and does not allow all trade secrets to be protected Another example is the protection of automated data processing systems set forth in articles L.
      투표하세요!
    • However, here again, case law interpretation of these texts remains restrictive and does not allow all trade secrets to be protected.
      Another example is the protection of automated data processing systems set forth in articles L.
      genzaimugenzaimu profile picture 댓글
      투표하세요!
    • ADD a NEW CORRECTION! - 문장 11ADD a NEW CORRECTION! - 문장 11
  • 문장 12