French Commercial code
In forceI.-In the context of an action relating to the prevention or cessation of an infringement of a business secret, the court may, without prejudice to the award of damages, prescribe, including under penalty payment, any proportionate measure likely to prevent or stop such an infringement. It may in particular :
1° Prohibit the performance or continuation of acts of use or disclosure of a business secret;
2° Prohibit acts of production, offering, placing on the market or use of products resulting significantly from the infringement of a business secret or the import, export or storage of such products for these purposes;
3° Order the total or partial destruction of any document, object, material, substance or digital file containing the business secret concerned or from which it may be deduced or, as the case may be, order their total or partial delivery to the applicant.
II.-The court may also order that the products resulting significantly from the infringement of business secrecy be recalled from commercial channels, permanently removed from those channels, modified in order to eliminate the infringement of business secrecy, destroyed or, as the case may be, confiscated for the benefit of the injured party.
III -Where the court limits the duration of the measures referred to in 1° and 2° of I, the duration set must be sufficient to eliminate any commercial or economic advantage that the infringer may have derived from the unlawful obtaining, use or disclosure of the business secret.
IV -Unless there are special circumstances and without prejudice to any damages that may be claimed, the measures referred to in I to III shall be ordered at the expense of the infringer.
The measures may be terminated at the request of the infringer if the information concerned can no longer be classified as a business secret within the meaning of Article L. 151-1 for reasons that do not depend, directly or indirectly, on it.
