COMPETITION • FRENCH LAW • UNFAIR COMPETITION 

Trade/production secrets (secrets de fabrique) may be defined as manufacturing processes of commercial value. Although not specifically protected by any exclusive right, their communication to a third party is prohibited by Article L. 1227-1 of the Labor Code which provides for up to two years imprisonment and a fine of EUR 30,000 for any such disclosure or attempted disclosure by any member of an undertaking. If, however, the elements necessary to constitute this offense are not all present, the party wishing to protect its secret may sue for unfair competition.