The use or disclosure of a business secret is unlawful when it is carried out without the consent of its legitimate holder by a person who has obtained the secret under the conditions mentioned in article L. 151-4 or who acts in breach of an obligation not to disclose the secret or to restrict its use.
The production, offering or placing on the market, as well as the import, export or storage for these purposes of any product resulting significantly from an infringement of a business secret shall also be considered as unlawful use where the person carrying out these activities knew, or should have known in the circumstances, that the secret was being used unlawfully within the meaning of the first paragraph of this Article.