Unlike under the German Code of Civil Procedure (ZPO), under U.S. law, parties have extensive opportunities – as part of the so-called “discovery” process – to investigate facts relevant to the case after the commencement of proceedings and to compel the opposing party to disclose evidence. In cross-border proceedings, this poses significant risks, including to trade secrets.
Prompted by a draft bill from the Federal Ministry of Justice (available here), the Federal Government has now published a draft bill to implement the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, as well as to amend the Code of Civil Procedure (available here).
Regarding the problems and risks that may arise for trade secret holders under the new legal framework, Jakob Olbing and Philomena Hindermann have published a thought-provoking article on LTO, which we would like to highlight here:
Reform to Strengthen International Evidence-Taking: Is There a Threat of a “Sale-Off” of German Trade Secrets?
In: Legal Tribune Online, March 25, 2022, https://www.lto.de/persistent/a_id/47943/ (accessed on: March 31, 2022).