viernes, 30 de mayo de 2014

UNFAIR COMPETITION: EMPLOYEES WHO TAKE TRADE SECRETS. DEFENSIVE STRATEGY IN COURT

We recently began to explain a case of unfair competition led by SNAbogados: two companies with similar and complementary business activities, each one spending years developing its own industrial property, know-how and trade secrets which have been preserved with great care. Upon merging, some employees left taking these secrets and know-how with them.

UNFAIR COMPETITION: EMPLOYEES WHO TAKE TRADE SECRETS. DEFENSIVE STRATEGY IN COURT

However, in cases when this proof cannot be achieved without accessing devices or facilities, it is necessary to apply for legal help.


Preliminary Proceedings

In view of well-founded suspicions, the Court is requested to allow us to examine the contents of computers, electronic devices, documentation and anything else appropriate which can form the basis for a future lawsuit. In the case we are currently discussing it was not necessary, since this work had been carried out independently.

Precautionary measures

The Court is urged to pass an early ruling due to the urgency of the case as a result of damages being caused to the client.
There have to be specific requisites and, above all, they have to be essential to advance the resolution in order to suspend the activity of the infringing company. If you wait for the end of the process, it may be too late to save the situation as the client-company will have already sunk due to the substantial harm being caused.

Lawsuit

Based on the evidence obtained in the investigation or the preliminary hearings, a lawsuit is brought against the offending company to get a judgment so as to prohibit them from continuing with this unfair business activity and to enable the client to recover the damage done.
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REMBRANDT VAN RIJN

REMBRANDT VAN RIJN