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 (…) Read more
Posts Tagged ‘Civil proceedings’
Federal Court of Justice (BGH): First ruling on the confidentiality order under Sections 16 and 19 of the German Act on the Protection of Trade Secrets (GeschGehG)
With the GeschGehG, the legislature has created new options for maintaining the confidentiality of information during court proceedings. In practice, however, the provisions of Sections 16 et seqq. of the (…) Read more
Case law on reasonable confidentiality measures
Legal uncertainty persists for holders of trade secrets regarding the specific requirements for “reasonable confidentiality measures” within the meaning of Section 2 no. 1 b) of the German Act on (…) Read more
Risk of a violation of the trade secrets act following an employee’s change of employer – is the “Clean Team” a solution?
A common trigger for the German Act on the Protection of Trade Secret (GeschGehG) proceedings is an employee’s move to a new employer. Not only the – impermissible – removal (…) 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
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