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French protection of Trade Secrets

Before the transposition in French law of the European directive 2016/943, there was no legal definition of trade secrets. The French Conseil d’Etat made in that sense the following observation before transposition: “the protection offered (was) the result of the application of civil liability and criminal offences case-law that could only lead to an imperfect protection of trade secrets”.  In 1986, a statutory instrument had introduced protective provisions allowing the President of the competition & market authority to refuse disclosure of documents involving trade secrets to certain parties. In 2009, a decree required the competition & market authority...

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