What are trade secret and know-how

Business information and industrial technical activities - including commercial ones - that are subject to a legitimate control by the holder can be protected, where they (a) are secret, in the sense that they are not as a whole or in the combination of their parts generally known or easily accessible to experts and operators in the field; (b) have an economic value inasmuch as they are secret; and (c) are subjected to measures that are considered to be reasonably adequate to keep them secret and are taken by the people who have a legitimate control over said information and activities. Data relating to tests or other secret data, the processing of which involves considerable effort and the presentation of which is subject to an authorization to place on the market chemical, pharmaceutical or agricultural products involving the use of new chemical substances, can also be protected. This type of right therefore comprises any precise information relating to the technical, technological, commercial and/or managerial knowledge that the company may find it useful to keep secret for competitive reasons. It has moreover become all the more important in the light of the EU Directive No. 2016/943 on the protection of confidential know-how and business information (commercial secrets) against illicit acquisition, use and disclosure.

Our team assistance

Our team will assist you in defining what should be considered as a trade secret and suggest the best tools - or how to improve existing ones – to provide the right legal protection for your company.