28-03-2018
Participation as a jury and intervention by Maître Carole COUSON-WARLOP
lawyer in intellectual property law, in the National Intellectual Property Pleading Competition. The Cabinet ARTLEX supports the competition ...
23-03-2018
The limitation of liability clause survives the cancellation of the contract
By a judgment of February 7, 2018 (Cass. Com., February 7, 2018, appeal no. 16-20352), the Court of Cassation operates a reversal of case law regarding the fate_cc781905-5cde-3194 -bb3b-136bad5cf58d_clauses...
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NEWS
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14-08-2018
Validation by the Constitutional Council of the law on the protection of trade secrets
As indicated in our article of July 16, Directive (EU) 2016/943 of June 8, 2016 on the protection of business secrets was transposed into French law at the end of June 2018.
http://www.artlex.eu/article-32
On the initiative of opposition parliamentarians, the Constitutional Council ruled in July on the constitutionality of the provisions of this transposition law, which it validated in full in decision no. 2018-768 DC of July 26, 2018 that you can consult by clicking on the following link :
https://www.conseil-constitutionnel.fr/decision/2018/2018768DC.htm
The Constitutional Council recalled that it is not competent to control the conformity with the Constitution of legislative provisions which limit themselves to drawing the necessary consequences from unconditional and precise provisions of a European directive._cc781905-5cde-3194-bb3b- 136bad5cf58d_
Since the text of the transposition law only draws the consequences of the provisions of the transposed Directive and does not disregard any constitutional requirement, the Constitutional Council considered itself incompetent to rule on the grievances of parliamentarians relating in particular to the disregard of the principles equality before the law, freedom of enterprise and freedom of expression and communication.
The text of the law relating to the protection of business secrecy having been validated by the Constitutional Council was promulgated on July 30, 2018 under number 2018-670 and published in the Official Journal of July 31. For a detailed presentation of the provisions of this law, we invite you to refer to our previous article on the subject dated July 16, which is accessible by clicking on the link below :
http://www.artlex.eu/article-32
Roland Rinaldo, lawyer, Cabinet ARTLEX Nantes
Directive 2016/943/EU of June 8, 2016 on the protection of business secrets, articles L.151-1 et seq. of the Commercial Code, appeal to the Constitutional Council, Law n°2018-670 of July 30, 2018._cc781905 -5cde-3194-bb3b-136bad5cf58d_