Claims arising from the breach of trade secrets may only be asserted by a party that protects its secrets from access by third parties through appropriate measures. These measures also (…) Read more
Posts Tagged ‘Confidentiality measures’
Looking back: GeschGehG 2022
To wrap things up, let’s take another look at the activities of the Geheimnisblog over the past year: We published no fewer than 13 posts related to the German Act (…) Read more
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
Hamburg Labor Court: Cocktail recipe is not a trade secret
In a labor law case, the Hamburg Labor Court ruled that a cocktail recipe did not qualify as a trade secret (decision dated July 1, 2021, Case No. 4 Ca (…) Read more
Düsseldorf Higher Regional Court: A divided concept of confidentiality?
In its decision of September 21, 2021 (Case No. 15 W 6/21, GRUR 2022, 75 – Disclosure of Expert Opinion (not publicly available)), the Düsseldorf Higher Regional Court held that (…) Read more
Last but not least: Appropriate protective measures and duration of validity
We’re taking the occasion of the Geheimnisblog’s first New Year to look back on our favorite topic: We’re drawing an interim conclusion regarding how the courts have handled appropriate protective (…) Read more
Vienna Supreme Court: Implied duty of confidentiality in the transfer of trade secrets
According to the Vienna Supreme Court (Case No.: 4Ob182/20y), the granting of a right to use a software source code (which is to be classified as a trade secret) may (…) Read more
Sending trade secrets via email only if encrypted!?
Under Section 2 no. 1 b) of the German Act on the Protection of Trade Secret (GeschGehG), information is protected as a trade secret only if the lawful owner subjects (…) 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
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