Use case
Trade secrets
What can't be patented can still be protected — provided you can show the information was confidential and that you protected it.
The situation
One scenario, two outcomes
The same moment, depending on whether the work was timestamped or not.
The trigger
On Friday, your process manager announces they're leaving for a direct competitor. They spent four years on your formulation.
Without proof
Eighteen months later, that competitor launches a product with very similar performance. You have no patent and no dated record of your tests: you must show the know-how existed within your company, that it had value, and that you protected it. All three have to be proven with emails.
With a certificate
The test reports, the formulation, and the access policy were certified throughout those four years. The secret, its date, and the protective measures are established on record. The debate is about the infringement, not about its existence.
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Texte rédigé automatiquement à titre d'illustration, à partir de la phrase que vous avez saisie. Il décrit une position probatoire, pas une issue : il ne constitue pas un conseil juridique et ne préjuge d'aucune décision.
The need
Confidentiality, reasonable measures, an employee's departure.
Three conditions, one of them a trap
The law protects information that is secret, that has economic value as a result, and that is subject to reasonable protective measures. The first two are usually met; it's the third that sinks most cases, for lack of records.
Document the measures, not just the content
Timestamping a process dates its existence. Timestamping the policies, restricted access, and signed commitments as well documents the protection system itself — exactly what a court examines.
The day an employee leaves
This is the most common scenario. If the know-how was timestamped, dated, and attributed to its authors, the case is made before the discussion even starts. Otherwise, it has to be rebuilt from emails and testimony.
→Processes, formulations, methods, databases
→Fingerprint transmitted, content never disclosed
→Timestamped audit log of access and versions
→IP insurance: trade secret infringement covered, with an account then a subscription
For an answer tailored to your case, talk to an expert: this page describes a typical situation, yours has its own specifics.
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