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
Posts Tagged ‘Gathering of evidence’
Reverse Engineering and the Burden of Proof in GeschGehG Proceedings
We have previously discussed the particular difficulties of presenting evidence in GeschGehG proceedings in another article (here). An analysis of a decision by the Aachen Labor Court illustrates the objections (…) Read more
Risks to trade secrets in international discovery proceedings
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
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
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
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