A real-life case that raises unexpected questions: Does the passive acquisition of a USB flash drive containing trade secrets infringe the German Act on the Protection of Trade Secrets (GeschGehG)? (…) Read more
Posts in Category ‘Procedural law’
Frankfurt Regional Court: Perpetual jurisdiction of Labor Courts for action against former employees (?)
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
Burden of Proof and presentation of evidence in proceedings under the German Trade Secret Act – GeschGehG (Part 2)
Burden of Proof for the Existence of an Act of Infringement The trade secret owner bears not only the burden of proof for the existence of a trade secret (see (…) Read more
Burden of Proof and presentation of evidence in proceedings under the German Trade Secret Act – GeschGehG (Part 1)
Enforcing trade secrets in litigation poses particular challenges for the plaintiff or the party filing the motion. Central to this are the issues of the burden of proof and the (…) Read more
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
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
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
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
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
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