2. How to protect your know-how: keeping your know-how secret (preventive protection measures)
Secrecy is one of the primary means of protecting know-how. In fact, it lies at the heart of its definition. It alone confers competitive advantage.
Protecting know-how therefore means putting in place appropriate protective measures to prevent disclosure.
2.1 Legal measures
Legally, the protection of know-how by secrecy requires the conclusion of confidentiality agreements or clauses imposing on their signatories an obligation of non-disclosure and non-use, for purposes other than those provided for in the agreement, of confidential information to which they may have access.
These confidentiality obligations are essential and must be imposed on anyone likely to have access to know-how.
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How to protect your know-how: keeping your know-how secret (preventive protection measures)
How to protect your knowhow: establishing proof of the paternity and date of your know-how (probatory deposit)
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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