The different functions of packaging correspond to different modes of legal protection. If we consider it under its technical function, it is to ensure the protection of technical know-how and inventions. The file"What legal protection for cosmetic packaging" was prepared by Cyril Chauvin, Lawyer at the Court.
The know-how kept secret
Some packaging, particularly perfume bottles, have specific visual characteristics that stem from the substantial know-how involved either in the implementation of a technical manufacturing process or in the manufacture and machining of the packaging.
To implement their packaging, cosmetics manufacturers regularly call upon master glassmakers, craftsmen or technicians who have specific non-patented (or patentable) technical know-how so that its components are not published. This know-how is protected by secrecy and confidentiality so that the manufacturer can reserve the benefit. This secret may be protected indefinitely, unless it is stolen or fraudulently disclosed.
The legal protections conferred by know-how are implemented by application of the common law rules on theft (Cass. crim, 9 September 2003 - Appeal No 02-87.098).
Moreover, as soon as this know-how is shared with apprentices or employees and passed on to technical or commercial partners, contract law makes it possible to impose obligations of secrecy, confidentiality and discretion on these recipients. These obligations must require that the revealed know-how not be disclosed to third parties and that the secret not be exploited for purposes other than those required by the contract. These obligations must be written in order to be strictly respected as …
