Trade secrets refer to any confidential, strategic, or technical information that has commercial value and is protected from the public and competitors by appropriate protective measures. They constitute an intangible asset protected against unlawful acquisition, use, or disclosure by third parties, even in the absence of protection by patent, trademark, or design/model.
The principles are governed by the provisions of European Directive 2016/943 on the protection of trade secrets, which has been transposed into French law.
Although the Intellectual Property Code (CPI) does not directly enshrine trade secrets, certain provisions relating to patents, inventions, and technical information supplement the protection of secrecy (e.g., disclosure).
In practice:
- Protection is based on confidentiality measures, such as contractual clauses, internal procedures, access codes, or confidentiality or non-disclosure agreements (NDAs).
- Protected information may include industrial processes, formulas, plans, business strategies, or customer lists, among other sensitive details.
- Any unlawful use, disclosure, or acquisition may result in civil and criminal penalties due to infringement or unfair competition.