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Posts Tagged ‘Civil proceedings’

Nuremberg Higher Regional Court: Requirements for the publication of judgments pursuant to Sec. 21 of the German Trade Secret Act (GeschGehG)

In its recently published decision, the Nuremberg Higher Regional Court addressed the requirements for the publication of a judgment pursuant to Section 21 GeschGehG, thereby issuing (as far as can (…) Read more

  • 28. January 2026
  • Filed under: General, Protective measures

The New Section 273a of the German Code of Civil Procedure (ZPO) in force: Enhanced protection of Trade Secrets in Civil Proceedings

On April 1, 2025, Section 273a of the German Code of Civil Procedure (ZPO) took effect, thereby resolving – to a certain extent – the dilemma faced by parties to (…) Read more

  • 31. March 2025
  • Filed under: Confidentiality order, General, General civil law, Procedural law

Database access credentials as Trade Secrets

Personalized access credentials (passwords) are one of the typical means of protecting digitally stored trade secrets from unauthorized access. The Regional Court of Nuremberg-Fürth recently ruled that such access credentials (…) Read more

  • 18. March 2025
  • Filed under: General, Protective measures
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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

  • 17. June 2024
  • Filed under: Burden of proof, Case law, General civil law

Nuremberg Higher Regional Court: Urgency is inherent in the trade secret matters

According to the Nuremberg Higher Regional Court, the presumption of urgency under Section 12 (1) of the Unfair Competition Act (UWG) is not applicable by analogy under the German Act (…) Read more

  • 5. December 2023
  • Filed under: Case law, General, General civil law, Procedural law

Karlsruhe Higher Regional Court: An NDA does not replace a confidentiality order

According to the Mannheim Regional Court – a view also held, albeit in a slightly less stringent form, by the Düsseldorf Higher Regional Court – the need for legal protection (…) Read more

  • 13. October 2023
  • Filed under: Case law, Confidentiality order, General, Procedural law

The new Section 273a of the German Code of Civil Procedure (ZPO): Enhanced protection of Trade Secrets in Civil Proceedings

On April 1, 2025, Section 273a of the German Code of Civil Procedure (ZPO) took effect, thereby resolving – to a certain extent – the dilemma faced by parties to (…) Read more

  • 14. September 2023
  • Filed under: General, General civil law

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

  • 16. August 2022
  • Filed under: Burden of proof, Case law, General

Millions in damages for breach of an NDA

Signing a non-disclosure agreement (NDA) is often viewed as a tedious obligation and a mere formality. A recent ruling from Spain demonstrates that no party involved should underestimate the significance (…) Read more

  • 3. August 2022
  • Filed under: Case law, Damages, International, Protective measures

Schleswig Higher Regional Court: Updates on reasonable confidentiality measures

A ruling by the Schleswig Higher Regional Court dated April 28, 2022 (Case No. 6 U 39/21) contains some interesting and highly practical insights into the concept of trade secrets (…) Read more

  • 18. May 2022
  • Filed under: General, Protective measures
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