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“KCM v. Viel”

Decision of the Supreme Court (Cour de cassation) 25 February 2016 – Case No. 189/16

There is no legal basis for a judicial order allowing only the representing attorney, but not his client, to inspect documents obtained in the course of a seizure and possibly containing trade secrets of the party subject to such seizure.

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Translation by Leo Lahme.

For a case note on this decision together with the Japanese IP High Court decision “In Camera Proceedings/FOMA” by Christopher Heath, see this issue of IIC at doi:10.1007/s40319-017-0649-z.

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Code of Civil Procedure, Sec. 145. “KCM v. Viel”. IIC 48, 977–979 (2017).

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  • Search order
  • Protection of secrecy
  • Exclusion of party to inspect documents
  • Procedural law
  • Trade secrets