Trade Secrets Law in Saint Pierre and Miquelon (France)
Trade Secrets Law in Saint Pierre and Miquelon
1. Legal Framework
Saint Pierre and Miquelon is a French Overseas Collectivity, so French law fully applies there, including all national legislation related to trade secrets.
Therefore, trade secrets are protected under French national law, notably the French Trade Secrets Law which implements the EU Trade Secrets Directive (2016/943).
2. Key Legislation
French Intellectual Property Code (Code de la propriété intellectuelle)
Articles L151-1 to L151-7 specifically cover trade secrets protection.
EU Trade Secrets Directive (2016/943)
France transposed this directive into national law in 2018, reinforcing protection for trade secrets.
3. Definition of Trade Secret (Under French Law)
A trade secret is defined as information that:
Is secret, meaning not generally known or easily accessible by people within circles that normally deal with the information;
Has commercial value because it is secret;
Has been subject to reasonable steps to keep it secret by the holder of the information.
4. Protection and Enforcement
Civil Remedies:
Injunctions against unauthorized acquisition, use, or disclosure;
Damages for losses caused by trade secret misappropriation;
Orders for seizure or destruction of infringing goods or documents.
Criminal Sanctions:
Fines and imprisonment for industrial espionage or illegal disclosure of trade secrets.
Contractual Protection:
Non-disclosure agreements (NDAs), confidentiality clauses in employment and business contracts.
5. Practical Application
Companies and individuals in Saint Pierre and Miquelon must follow French law and EU standards when protecting trade secrets.
Enforcement takes place through French courts or local courts applying French law.
Reasonable measures to maintain secrecy are crucial (e.g., NDAs, restricted access, confidentiality policies).
Summary Table
| Aspect | Status in Saint Pierre and Miquelon (France) |
|---|---|
| Applicable law | French national law (Intellectual Property Code) |
| Trade secrets defined | Secret info with commercial value, reasonable secrecy measures |
| Civil remedies | Injunctions, damages, seizure, destruction |
| Criminal sanctions | Fines, imprisonment for trade secret violations |
| Contractual protections | NDAs, confidentiality agreements |
| Enforcement | French courts applying French law |
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