4. How do you react when your know-how is misappropriated?
When you discover that your know-how has been exploited by a third party without your authorization, whether it has been misappropriated by a person who has legitimately had access to it, such as a former employee, or has been illegitimately seized by a competitor, you can use the mechanisms of civil liability, and to a lesser extent, certain criminal provisions, to have this exploitation punished and obtain compensation for your loss.
4.1 Unfair competition and parasitic actions
Civil protection of know-how is based on the fault of those who have gained access to secret know-how through unfair means.
An action for unfair competition or parasitism has its legal basis in Article 1240 of the French Code of Civil Liability (
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How do you react when your know-how is misappropriated?
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ToolRegulations
Directive 2016/943 du 8 juin 2016 of the European Parliament and of the Council of June 8, 2016 on the protection of undisclosed know-how and business information (trade secrets) against unlawful obtaining, use and disclosure
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