Principle

Appropriation of know-how consists for a company to embezzle an existing know-how, either partly or in full, from one of its competitors to use to its own profit without making the necessary investment to develop this know-how.

This malpractice can take several forms: unauthorized software copy, misappropriation of key production tools, staff poaching, file hijacking…

The company’s prejudice is evaluated by assessing the loss resulting from the appropriation.

Our means : comparing the company’s present situation with what would be a “normal” situation.

Comparing the company’s evolution without the act of misappropriation of know-how (the “normal situation”) and its actual situation, in which the company has suffered a prejudice, can be done several ways, according both to the nature and size of the prejudice:

In any case, we study the following items:

• Evidence of clientele misappropriation and profit margin valuation linked to this clientele;
• Value of the embezzled know-how; loss of value without it;
• Loss of value in company’s investment;
• Additional costs for the harmed company: recruitment of new staff, supplementary R&D costs…

Results

 Drawing up of a financial report endorsing legal argumentation from our client’s legal advisors
 Appropriate response to the arguments sustained by the adverse party
 Legal counselling of our client during all proceedings (reports of experts, court of law…)

We helped them :

 VF Diffusion c/ Chantelle