French Commercial code
In forceI.-When a case is referred to it for the purposes of preventing an imminent infringement or stopping an unlawful infringement of a business secret, the court may prescribe, on application or in summary proceedings, any proportionate provisional and protective measure, including a fine. It may, in particular:
1° Prohibit the performance or continuation of acts involving the use or disclosure of a business secret;
> 2° Prohibit acts involving the use or disclosure of a business secret 2° Prohibit acts of production, offering, placing on the market or use of products suspected of being the result of a significant infringement of a business secret, or the import, export or storage of such products for these purposes;
3° Order the seizure or delivery into the hands of a third party of such products, including imported products, so as to prevent them from entering or circulating on the market.
II. II -In lieu of the provisional and precautionary measures referred to in 1° to 3° of I, the court may authorise the continuation of the alleged unlawful use of a business secret subject to the provision by the defendant of a guarantee intended to ensure that the holder of the secret is compensated.
The court may not authorise the disclosure of a business secret to a third party. The court may not authorise the disclosure of a business secret by making it subject to the provision of the security referred to in the first paragraph.
III. III - The court may make the enforcement of the provisional and protective measures it orders subject to the lodging by the claimant of a security intended, in the event that the action for the protection of business secrets is subsequently found to be unfounded or the measures are terminated, to ensure compensation for any loss suffered by the defendant or by a third party affected by the measures.
IV - The court may not authorise the disclosure of a business secret by making it subject to the lodging of the security referred to in the first paragraph. IV.The guarantee referred to in II and III shall be constituted under the conditions set out in Articles 514-5, 517 and 518 to 522 of the Code of Civil Procedure.
V.-The measures taken in application of this article shall lapse if the claimant does not refer the matter to the court hearing the case on the merits within a period running from the date of the order of twenty working days or thirty-one calendar days, whichever is the longer.
