We had been looking forward to a live seminar – but now the situation is not unfolding quite as we and the Lawyers’ Academy had envisioned and hoped. Today we (…) Read more
Gathering evidence by accessing employees’ email accounts
It’s a typical scenario: A former employee starts their own business or goes to work for a competitor. There is some evidence to suggest that the employee used trade secrets (…) Read more
Trade secret despite publication in a YouTube video?
Under the German Act on the Protection of Trade Secret (GeschGehG), only information that is not generally known or readily accessible can constitute a trade secret. This requirement roughly corresponds (…) Read more
Düsseldorf Higher Regional Court clarifies “reasonable confidentiality measures”
One of the key changes introduced by the German Act on the Protection of Trade Secrets (GeschGehG) is the legal definition of a trade secret in Section 2 no. 1 (…) Read more
Caution: A Broad Non-Disclosure Clause in an Employment Contract complicates the enforcement of claims under the German Act on the Protection of Trade Secrets (GeschGehG)
Employment contracts or termination agreements typically include a clause protecting trade secrets. However, if the provisions are too broad, the prohibition is invalid due to a violation of Section 138 (…) Read more
Better protection of trade secrets in civil proceedings
The protection of trade secrets in civil proceedings is possible only to a very limited extent. The “Act to strengthen the courts in commercial disputes” is intended to provide a (…) Read more
Inspection procedure under the German trade secret Act (GeschGehG)
When the GeschGehG was enacted, the legislature did not provide for the collection of additional information in cases where the use of trade secrets was suspected. Nevertheless, the inspection procedure (…) Read more
Frankfurt Higher Regional Court: Urgency and specificity in proceedings under the German Act on the Protection of Trade Secret (GeschGehG)
A request for an injunction is considered urgent even if the company does not monitor data flows. In addition, the Frankfurt Higher Regional Court reiterates the correct wording of the (…) Read more
A note from us: Seminar on the protection of Know-How
After our successful 2020 seminar on the protection of know-how fell victim to the COVID-19 pandemic, we are optimistic about this year: On December 10, 2021, the seminar “Protection of (…) Read more
Retroactive application of the obligation to take protective measures? Higher Regional Court of Stuttgart vs. Higher Regional Court of Hamm
In two very extensive decisions, the Higher Regional Courts of Stuttgart and Hamm – as far as can be determined – became the first higher courts to rule on the (…) Read more