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Posts in Category ‘General’

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

Frankfurt Local Court: Confidentiality of exam questions (?)

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

  • 12. June 2023
  • Filed under: Burden of proof, Data protection, General, Procedural law

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

  • 28. December 2022
  • Filed under: Case law, General, Labor law

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

  • 4. November 2022
  • Filed under: General, General civil law, Labor law

Sections 16 and 19 of the German Act on the Protection of Trade Secrets (GeschGehG) in practice

One of the key changes introduced by the GeschGehG is the enhancement of trade secret protection during court proceedings. Based on Sections 16 and 19 GeschGehG, the court may issue (…) Read more

  • 27. September 2022
  • Filed under: Confidentiality order, General

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

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

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

  • 29. March 2022
  • Filed under: Case law, General, Labor law, Protective measures
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