Burden of Proof for the Existence of an Act of Infringement The trade secret owner bears not only the burden of proof for the existence of a trade secret (see (…) Read more
Posts Tagged ‘Burden of proof’
Burden of Proof and presentation of evidence in proceedings under the German Trade Secret Act – GeschGehG (Part 1)
Enforcing trade secrets in litigation poses particular challenges for the plaintiff or the party filing the motion. Central to this are the issues of the burden of proof and the (…) Read more
Federal Court of Justice (BGH): Memory performance in Trade Secrets Litigation – The limits of memory
A common defense argument in trade secrets litigation is the claim that the defendant did not copy or take any documents but rather retained certain information in their memory. Given (…) Read more
Frankfurt Local Court: Confidentiality of exam questions (?)
The Frankfurt Local Court had to rule on the right to receive a free copy of the results of a German language test. Such requests for disclosure have recently become (…) Read more
Aachen Labor Court: Reverse Engineering and the end of the GeschGehG
In its decision dated January 13, 2022, the Aachen Labor Court made several problematic statements regarding the German Act on the Protection of Trade Secrets (the Geheimnisblog has analyzed the (…) Read more
Presenting evidence in a GeschGehG-Trial (German Act on the Protection of Trade Secret)
If, after an employee leaves the company, the employee’s new employer – or even a company newly founded by that former employee – brings a competing product to market, there (…) Read more