Drillon Avocat · Strasbourg & Alsace
A process, search results or commercial information may be a benefit to your business. Sébastien Drillon accompanies you to identify the information to be preserved, organize their sharing and defend your interests in case of disputed use.
In Based in Strasbourg, serving Alsace, the firm works with companies and innovation actors in negotiations, collaborations and transfers of know-how.
The first step is to describe the knowledge and information involved: manufacturing methods, technical parameters, test results, development documents or commercial data. Their value, dissemination and existing protections should be examined.
The Commercial Code requires that information is not generally known or easily accessible in the sector concerned, that it has commercial value linked to its secret character and that its legitimate holder has taken reasonable steps to preserve that secrecy.
Thus, a "confidential" statement alone is not sufficient to establish protection.
The firm examines the place of secrecy in your project, in connection with creations, technical innovations and contracts. The choice depends in particular on what will be revealed during marketing or collaboration.
Support in intellectual propertyIdentify sensitive documents, recipients and sharing situations: internal team, provider, manufacturer, research partner or investor. The firm helps you specify the perimeter to frame.
Write or review a confidentiality agreement, also called NDA: covered information, authorized uses, authorized persons, duration and exit of documents at the end of the relationship. The clauses are adapted to the project and to agreements already signed.
Articulate contractual commitments with company practices: authorizations, filing of documents, history of transmissions and return of media. The aim is to make the rules understandable and verifiable.
A research collaboration, license or technology transfer requires a distinction between initial knowledge and results achieved during the project. The firm accompanies the negotiation of conditions of access, use and remuneration.
Contracts may specify permitted uses, authorised recipients, expected technical support and obligations that continue after the end of the partnership.
Software protection and patentsFor the first contact, describe your need without reproducing the secret information itself. Useful documents and their transmission procedures may be agreed with the firm.
It sets out the commitments of the signatories. The protection of trade secrets also depends on the legal conditions and measures in place. The contract and the organization of the sharing must be discussed together.
Protection by secrecy is not based on the issue of a title. Dating and traceability can help document the knowledge held, without creating an exclusive right to it.
No. An independent creation may be lawful. The study of a product lawfully obtained may also be carried out in accordance with legal and contractual conditions. The origin and circumstances of the information are therefore essential.
Yes. The law provides for exceptions relating to information, alert and employee rights. A confidentiality clause must be assessed with these rules; it does not exclude rights protected by law.
See conditions and limits for the protection of trade secrets in the Commercial Code and presentation of secrecy by INPI.
Present your situation and deadlines to the firm.
Exchange on your project