What are the cases of illicit obtaining and use of business secrets?
Business secrecy, a strategic tool

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FIC1755 V1 Practical sheet

What are the cases of illicit obtaining and use of business secrets?


Business secrecy, a strategic tool

Author : Charlotte MONTAUD

Publication date: January 10, 2022 | Lire en français

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3. What are the cases of illicit obtaining and use of business secrets?

3.1 Unlawful procurement

Obtaining a business secret is unlawful when it is carried out without the consent of its legitimate holder and when it results :

  • unauthorized access to or appropriation or copying of any document, object, material, substance or digital file containing the secret or from which it can be deduced;

  • any other behaviour that is unfair or contrary to commercial practice.

If there is more than one legitimate holder, each holder has control of the secret. If one of them regularly allows another person to obtain or use the secret, that person does not need the consent of the other legitimate holders to lawfully obtain or use the secret.

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