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Section 1: Measures to prevent and stop a breach of business secrecy

Article L152-3 of the French Commercial code

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…

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Article L152-4 of the French Commercial code

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.

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Article L152-5 of the French Commercial code

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,…

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