Facts
The dispute opposes company R. S.A. to individuals M., L. and G. Company R. S.A. entered into a contract with M. that contained a confidentiality clause regarding information related to the tools, devices and machines it produces. M. then participated in the construction of similar machines for the account of other companies, using plans and information he had obtained during his work at R. S.A.
Company R. S.A. brought a criminal action against M., L. and G. for disclosure of manufacturing and trade secrets, under articles 162 of the Swiss Criminal Code (SCC) and 13 of the Federal Act on Unfair Competition (UCA). The cantonal court rendered a judgment of dismissal, which company R. S.A. appealed to the Court of Cassation in Criminal Matters.
Considerations
The Court of Cassation in Criminal Matters examined the conditions for applying article 162 SCC, which punishes the disclosure of manufacturing or trade secrets. The Court considered that the confidentiality clause in the contract between R. S.A. and M. constituted a contractual obligation to keep the secret, and that M. had violated this obligation by using confidential plans and information to build similar machines for other companies.
The Court also examined the constituent elements of the offense under article 162 SCC, in particular the notion of manufacturing secret and trade secret. The Court considered that the information related to the tools, devices and machines produced by R. S.A. constituted manufacturing and trade secrets, as they were confidential, not accessible to the public and important for the company.
The Court concluded that M. had disclosed manufacturing and trade…