Article L152-1 of the French Commercial code
November 8, 2023
Any breach of business confidentiality as provided for in articles L. 151-4 à L. 151-6 engages the civil liability of its author.
Any breach of business confidentiality as provided for in articles L. 151-4 à L. 151-6 engages the civil liability of its author.
Actions relating to a breach of business secrecy shall be barred after five years from the day on which the legitimate holder of the business secrecy knew or ought to have known of the last event giving rise thereto. .
I.-In the context of an action relating to the prevention or cessation of an infringement of a business secret, the court may, without prejudice to the award of damages, prescribe, including under penalty payment, any proportionate measure likely to prevent or stop such an infringement. It may in particular : 1° Prohibit the performance or continuation of acts of use or disclosure of a business secret; 2° Prohibit acts of…
To prevent an imminent infringement or to stop an unlawful infringement of a business secret, the court may, on application or in summary proceedings, order provisional and conservatory measures, the terms of which are determined by decree in the Conseil d’Etat.
Without prejudice to article L. 152-6, the court may order, at the request of the infringer, the payment of compensation to the injured party instead of the measures referred to in I to III of Article L. 152-3 when the following conditions are met: 1° At the time of the use or disclosure of the business secret, the infringer did not know, nor could he have known in the circumstances,…
To determine the damages due as compensation for the loss actually suffered, the court shall take into separate consideration: 1° The negative economic consequences of the infringement of business secrecy, including loss of profit and loss suffered by the injured party, including loss of opportunity; 2° Non-material damage caused to the injured party; 3° The profits made by the person who infringed the trade secret, including the savings on intellectual,…
The court may order any measure to publicise the decision relating to the unlawful obtaining, use or disclosure of a business secret, in particular its display or publication in full or in extracts in the newspapers or on the online public communication services it designates, in accordance with the terms it specifies. When ordering such a measure, the court shall ensure that business secrecy is protected under the conditions set…
Any natural or legal person who acts in a dilatory or abusive manner on the basis of this chapter may be ordered to pay a civil fine, the amount of which may not exceed 20% of the amount of the claim for damages. In the absence of a claim for damages, the amount of the civil fine may not exceed €60,000. The civil fine may be ordered by the court….
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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