Protection of know how

Know-how is part of the intangible assets of companies and thus has a real economic value. Today, its protection and transmission are at the heart of their strategy and reflection. Depending on the know-how at stake, it can be protected by standard contract law (non-competition clause, confidentiality agreement, unfair competition action, etc.), but also by intellectual property law (patent, copyright, design, etc.). Know-how can also be defended by a criminal action (theft of a trade secret, fraud...).

Since the law n° 2018-670 of July 30, 2018, the legislator has strengthened the protection of know-how by introducing specific trade secret legislation, which prohibits the disclosure of confidential information of commercial value.

JP Karsenty has specialized teams in both counseling and litigation, to assist their clients in protecting their know-how by adopting a tailored approach depending on the type of know-how the protection of which is sought.

Our lawyers regularly plead before the courts in order to put an end to violation of know-how and business secrecy, both in civil and criminal cases.

Thomas Ricard and Matthieu Chirez also provide expertise in criminal matters.

Ranking Décideurs Magazine 2022 :

Commercial Litigation - Recommended
Patent litigation (pharma, biotech and life sciences) -Excellent
Trademark litigation - Excellent
IT, software and digital projects – Highly recommended

Legal works in this area

Contractual – Consultancy

  • Know-how transfer agreement
  • Confidentiality agreement
  • Non-competition clause
  • Patent, trademark and design license

Pre-litigation – Litigation

  • Drafting of warning letters on the basis of business secrecy, in order to stop the litigious activities
  • Assistance and representation before the courts in cases of unfair competition and parasitism (poaching of employees, disorganization of the company, misappropriation of files, disparagement…)
  • Action for patent, trademark and design infringement before the specialized courts
  • Action before the criminal courts (breach of trust, theft of manufacturing process, etc.)

Track records

  • Exchange of pre-litigation letters on behalf of a major US tech company, in order to stop the communication of confidential information to the public
  • Action before the courts in order to sanction the violation of a non-competition clause
  • Action before the courts in order to cancel the registration of a patent filed in violation of franchisor’s rights and violating the know-how developed by the said franchisor
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