Trade Secrets Law in Réunion (France)
Trade Secrets Law in Réunion (France)
1. Legal Context
Réunion is an overseas department and region of France, so French law applies directly.
Therefore, trade secrets in Réunion are protected under French national law, particularly the French Intellectual Property Code (Code de la propriété intellectuelle).
2. Governing Law
The French Trade Secrets Act (Loi n° 2018-670 du 30 juillet 2018), which implemented the EU Trade Secrets Directive (Directive (EU) 2016/943), applies in Réunion as part of French law.
This law is incorporated into the French Intellectual Property Code (specifically Article L151-1 and following).
3. Definition of Trade Secrets
According to French law (Article L151-1 of the Intellectual Property Code), a trade secret is information which:
Is secret, meaning it is not generally known or readily accessible to people within the circles that normally deal with this kind of information;
Has commercial value because it is secret;
Has been subject to reasonable steps by the rightful holder to keep it secret.
4. Protection and Enforcement
Protection Against:
Unauthorized acquisition, use, or disclosure of trade secrets, including theft, bribery, breach of confidentiality, or industrial espionage.
Legal Remedies Include:
Injunctions to prevent disclosure or use,
Damages to compensate for losses,
Seizure or destruction of infringing materials,
Publication of judgments to counteract damage,
Criminal sanctions in cases of theft or industrial espionage.
The French courts handle disputes and enforce trade secret protections with strong remedies reflecting the importance of protecting business confidentiality.
5. Additional Protection Measures
Businesses often use confidentiality agreements (NDAs), employment contracts with confidentiality clauses, and internal policies to safeguard trade secrets.
Reasonable security measures (technical and organizational) to maintain secrecy are expected.
Summary Table
| Aspect | Details |
|---|---|
| Applicable Law | French Intellectual Property Code, Trade Secrets Act (2018) |
| Jurisdiction | Réunion follows French national law |
| Definition of Trade Secret | Secret info, commercial value, reasonable secrecy measures |
| Protection Against | Unauthorized acquisition, use, disclosure |
| Remedies | Injunctions, damages, destruction, publication, criminal sanctions |
| Practical Measures | NDAs, confidentiality clauses, internal security |
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