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Trade Secrets Germany

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Mayer Brown

Germany: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Hogan Lovells

Neues Gesetz stärkt Justizstandort Deutschland: Einführung von Commercial Courts und Englisch als Gerichtssprache

Hogan Lovells on

Am 4. Juli 2024 verabschiedete der Bundestag das Gesetz zur Stärkung des Justizstandortes Deutschland. Es führt Commercial Courts und Englisch als Gerichtssprache in der Zivilgerichtsbarkeit ein, um die Attraktivität...more

A&O Shearman

UPC denies third party access to revocation action and evidence

A&O Shearman on

In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more

White & Case LLP

One step closer to mandatory whistleblower systems in Germany

White & Case LLP on

Following Germany's initial attempt last year to implement the EU Whistleblower Directive (Directive (EU) 2019/1937), aimed at ensuring harmonized and improved protection of whistleblowers throughout Europe, the Federal...more

Jones Day

2020 End-of-Year Review: Key Global Trade Secret Developments

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

WilmerHale

Keeping Trade Secrets Secret: The Stuttgart Court of Appeal on the Protection of an Undertaking’s Most Valuable Information

WilmerHale on

The effective protection of trade secrets is essential to the continued economic success of most undertakings. On 26 April 2019, after much debate and significant delays the new German Law on the Protection of Trade Secrets...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Germany

Jones Day on

Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a Munich-based partner, explains why these actions still require careful consideration of German procedural law, with a...more

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

ArentFox Schiff on

Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more

Morgan Lewis

New German Act for Trade Secrets Protection Now in Effect

Morgan Lewis on

The new German Act for the Protection of Trade Secrets (Gesetz zum Schutz vor Geschäftsgeheimnissen – GeschGehG, or the Trade Secrets Protection Act) which implements EU Directive 2016/943 on the Protection of Trade Secrets...more

Orrick, Herrington & Sutcliffe LLP

Go West: Venture Financing and Business Expansion Projects in the United States - Practical Guidelines for German Technology...

As the U.S. and German tech ecosystems become more closely connected, raising capital in the U.S. market is becoming a strategic consideration for many fast-growing German tech companies. For some, establishing a presence in...more

Carlton Fields

Third Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In Germany

Carlton Fields on

The Third Circuit has vacated and remanded a district court’s decision quashing a subpoena issued pursuant to 28 U.S.C. § 1782, which allows a party to procure discovery for us in a foreign proceeding, finding that the...more

McDermott Will & Emery

New German Trade Secrets Law: Next Steps for Businesses

Germany recently introduced a new act that will substantially change the way trade secrets are protected. As the term is used in Germany, “trade secrets” include both technical know-how (such as construction drawings,...more

McDermott Will & Emery

New German Law on the Protection of Trade Secrets

McDermott Will & Emery on

Germany will soon introduce a new act on the protection of trade secrets, which will bring substantial change to the way trade secrets are protected in Germany. Some of these changes are already relevant today, and...more

Morrison & Foerster LLP

Update on the Implementation of the EU Trade Secrets Directive into German Law

The EU Trade Secrets Directive, officially titled “Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (the...more

Orrick, Herrington & Sutcliffe LLP

Go West: Venture Financings and Expansion Projects in the United States

At $15 billion, venture capital and private equity investment flow from the United States into Germany in Q1 2017 is already triple the levels of the prior two years. As the U.S. and German tech ecosystems become more closely...more

McDermott Will & Emery

No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum **WEB ONLY**

McDermott Will & Emery on

Addressing waiver of a contractual forum selection clause, the US Court of Appeals for the Fifth Circuit affirmed a lower court’s enforcement of the clause and subsequent dismissal of a trade secrets case, finding that the...more

Morrison & Foerster LLP

Harmonization of Trade Secrets in Europe and New US Trade Secrets Law Gets the Green Light—What Do These Changes Mean for...

A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more

Orrick - Trade Secrets Group

Trade Secrets and Cloud Services: Is the Sky the Limit?

Germany is not only known as one of the best countries for enjoying beer and bratwurst, but it is also known as a country with some of the strictest data privacy laws on the planet. Within this environment, should companies...more

Arnall Golden Gregory LLP

Der Markteintritt für deutsche IT Firmen aus dem Bereich des Gesundheitswesens

With expenditures of over $ 3 trillion of market in the field of health care in the United States is huge. Incentives of the Federal Government for the introduction of electronic medical records resulted increasingly in the...more

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