The implementation of the Know-How Protection Directive 2016/943 has established a new legal framework for the protection of “trade and business secrets.” Despite a small flood of publications and a number of new commentaries, numerous questions remain unanswered. Even more than four years after the German Act on the Protection of Trade Secret (GeschGehG) took effect, the number of academic articles still exceeds the number of published court decisions. Regarding the question of what constitutes “reasonable protective measures” within the meaning of Section 2 (1) GeschGehG, there are now several Higher Regional Court (OLG) decisions that reveal significantly divergent views on what constitutes reasonableness. However, a definitive ruling from the Federal Court of Justice (BGH) has yet to be issued. Furthermore, numerous questions regarding the application of the new procedural provisions on the protection of trade secrets remain unresolved.
This blog monitors current developments in case law and provides information on necessary actions. Tips on new, particularly unpublished, decisions, as well as any other suggestions and comments, are always welcome!