Protection of know-how and trade secrets in contracts and disputes
Simont Braun guides its clients in the organisation of internal procedures to protect secrets.
We assist clients in drafting non-disclosure agreements (NDAs), and similar clauses for employment contracts and all types of business agreements such as R&D, licences, distributorships, agency agreements, joint ventures, etc. Our strong litigation experience enables us to anticipate potentially litigious questions when drafting contracts and structuring transactions.
In a litigation, we also assist our clients in taking precautionary measures to protect confidential information, which may raise delicate procedural issues.
Our advisory and enforcement assistance includes linking such issues with other forms of protection, such as the prohibition of unfair market practices, copyright and unregistered design protection.
Some recent projects
- Handling confidentiality aspects during the preliminary findings procedure (saisie-contrefaçon, or beslag inzake namaak) for the claimant or the visited party;
- Litigation over misconduct by a former employee regarding misuse of information and related practices undermining fair competition;
- Drafting of confidentiality policies and contracts, also including aspects relating to personal data protection.
- Organizing a confidentiality club in a patent infringement procedure.