Numerous proceedings under the German Act on the Protection of Trade Secrets (GeschGehG) relate to an employment relationship. This has significant implications for legal advice and litigation, as such cases (…) Read more
Posts in Category ‘General civil law’
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
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
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
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
Hello Whistleblower Protection Act, goodbye NDA
The proposed Whistleblower Protection Act (HinSchG) is intended to ensure better protection for so-called “whistleblowers” in the interest of uncovering misconduct. The focus is on protecting employees so they can (…) 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
Does an unjustified cease-and-desist letter alleging a (supposed) violation of the German Act on the Protection of Trade Secrets (GeschGehG) violate Section 823 of the German Civil Code (BGB)?
As is well known, the legal treatment of unjustified cease-and-desist letters depends on the legal basis on which the party issuing the letter bases its claims: A culpably unjustified cease-and-desist (…) Read more