A new 66th volume released in the CEIPI’s Collection : “The protection of Trade Secrets, National and European Perspectives”, co-directed by Professors Jean Lapousterle and Bertrand Warusfel


The CEIPI is happy to announce the publication of the 66th volume “The protection of Trade Secrets: National and European Perspectives ” with LexisNexis, in December 2017. Co-directed by Jean Lapousterle, Professor and former member of the Research Department of CEIPI and Bertrand Warusfel, Professor at Law of the University of Lille 2, the publication extends the symposium organized by the CEIPI’s Research Department, in partnership with the University of Lille 2 and the Compagnie Nationale des Conseils en Propriété Industrielle (CNCPI) on April 1, 2016, at the Palais du Luxembourg, in Paris.

The protection of trade secrets is of great interest to French and European companies and has close ties with the intellectual property law. The secret can thus represent an alternative to the protection conferred by the patent law when the strategic choice not to disclose the invention is made. In addition, it offers de facto protection to the elements that do not meet the conditions laid down in the Intellectual Property Code for the grant of exclusive rights.

Is it appropriate to strengthen the position of the trade secrets holders by sanctioning attempts to misappropriate or to outmaneuver them? The European Union thought so by recently adopting the Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets).

More than a year after the adoption of this text, the lengthy mechanics of the preparatory work seems to be initiated in order to transpose it in the different Member States. The movement will not elude France and we can expect to witness a resurgence of the disagreements and debates that consistently accompany the legislative work relating to this particular category of secrets. Numerous questions are raised and challenge business lawyers, barristers, journalists, whistleblowers and employees inclined to share the know-how acquired in previous positions with their new employers.

What is the legal nature of these trade secrets? How to define them? How to reconcile them with their potential impact on the holders of fundamental rights? What is the significance of the directive and how does it intend to preserve the confidentiality of secrets in the course of a trial? What are the omissions of the harmonization and are they likely to manifest themselves during the transposition?

These are some of the questions that this book addresses, its ambition being to contribute to the debate on the contours of a balanced protection of trade secrets.

The book includes the contributions of Adrien Basdevant, Nicolas Binctin, Christophe-André Frassa, Jean-Marie Garinot, Florence G’Sell, Jean Lapousterle, Constance Le Grip, Alain Michelet, Arnaud Martinon, Jean-Pierre Mignard, Jean Passa, Joëlle Simon, Bertrand Warusfel, Régis Vabres.

Click here to download the order voucher.

The CEIPI develops an active policy of publication in its own editorial collection, under the direction of Professor Christophe Geiger, Director General of CEIPI and Director of the Ceipi’s Research Department.

Click on the latest volumes:

Link to n°65
Link to n°64