The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the EU directive for trade secrets (Conversant / LG)

On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of its application of the new French Trade Secrets Act of 30 July 2018, the French legislation that implements Directive (EU) 2016/943 on the protection of undisclosed know-how and business