Know-how and trade secrets

Multiple aspects of the business activity must be protected from theft or copying as highly valuable assets may be at risk. Electronic storage and online communication increase the risk of hacking, and bring the issue into sharper focus. Keeping business know-how and trade secrets confidential is crucial, even before the registration of IP rights (when applicable).

Know-how and trade secrets Simont Braun Belgian business law firm

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.

Lawyers

Emmanuel Cornu
Emmanuel
Cornu
Partner
Eric De Gryse
Eric
De Gryse
Partner
Fernand de Visscher
Fernand
de Visscher
Partner
Arnaud Bouten
Arnaud
Bouten
Associate
Arnaud Detry
Arnaud
Detry
Associate
Marie-Ysaline Lannoye
Marie-Ysaline
Lannoye
Associate
Ségolène Nève
Ségolène
Nève
Associate
Noah Verbaenen
Noah
Verbaenen
Associate