Guarantees, securities and enforcement law

  • Capturing technical knowledge: trade secrets, topographies and plant varieties

    By Raphaël MORENON
    29 June 2025
    When a company is in debt, its creditors legitimately seek to recover their funds by seizing its assets. The collective imagination immediately thinks of tangible assets such as vehicles, stock or property. However, a company's true value often lies in its intangible assets. These assets, although not tangible, can be the subject of complex collection procedures. Specific enforcement procedures for intangible assets make it possible to target this hidden wealth. In addition to trademarks and patents, the law is concerned with more discreet but equally strategic forms of know-how, which do not all come under the same regime. Understanding the distinction between a trade secret, a semiconductor topography and a plant variety is fundamental in determining whether a seizure is possible. These are intangible rights with special applications, and their legal treatment varies considerably. Definition and typology of technical knowledge The concept of "technical knowledge"...
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