Trade Secrets Law in France
Trade Secrets Law in France
🇫🇷 Legal Framework
France protects trade secrets primarily under Law No. 2018-670 of July 30, 2018, known as the “Trade Secrets Law”, which implements the EU Trade Secrets Directive (Directive (EU) 2016/943). This law amended the Intellectual Property Code (Code de la propriété intellectuelle) by introducing provisions on the protection of trade secrets.
🔐 Definition of Trade Secrets
Under French law, a trade secret is defined as information that:
Is secret, meaning it is not generally known or easily accessible to persons who normally deal with this type of information;
Has commercial value because it is secret;
Has been subject to reasonable steps by the holder to keep it secret.
This definition aligns closely with the EU Trade Secrets Directive.
🛡️ Protection Scope
Trade secrets are protected against:
Unlawful acquisition, such as theft, bribery, or espionage;
Unlawful use or disclosure, including breach of confidentiality agreements or contracts;
Other unauthorized acts that violate confidentiality.
⚖️ Remedies and Enforcement
The law provides for:
Injunctions to stop or prevent unauthorized use or disclosure;
Damages to compensate for harm caused by trade secret violations;
Corrective measures, such as destruction or recall of infringing goods;
Confidentiality protections during litigation to prevent disclosure of the trade secret;
Criminal sanctions in cases involving industrial espionage or intentional breaches.
📜 Additional Legal Framework
Contract Law: Confidentiality clauses and non-disclosure agreements (NDAs) are widely used to protect trade secrets.
Criminal Law: Industrial espionage is criminally punishable under the French Penal Code.
Labor Law: Employees are generally under an obligation to keep trade secrets confidential, and breaches can lead to disciplinary or legal action.
🌍 International Context
As an EU member state, France’s trade secret protection is fully aligned with the EU Trade Secrets Directive. France also complies with the TRIPS Agreement under the World Trade Organization (WTO).
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Law No. 2018-670 (2018), amending Intellectual Property Code |
| Definition | Secret, commercially valuable information subject to protection |
| Protection Scope | Against unlawful acquisition, use, and disclosure |
| Remedies | Injunctions, damages, corrective measures, confidentiality during litigation, criminal sanctions |
| Additional Laws | Contract law, criminal law on industrial espionage |
| International Framework | EU Trade Secrets Directive and TRIPS compliance |
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