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What steps should I take if my trade secret is infringed ?

An infringement occurs when your trade secret is unlawfully acquired, used or disclosed without your consent. You cannot only act against someone who infringed on your trade secret, but you can also take action against a third party if that third party knows or should have known that the trade secret was unlawfully acquired.

Be aware that there is no infringement of your trade secret if the knowledge was already generally known or if someone acquires the same information independently by doing their own research or work.

Depending on the urgency, you can go to court to request (provisional) measures and to take action for an alleged infringement.

If you discover an infringement, the best course of action is to seek advice from a specialised legal professional.

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