With Germany finally implementing the Trade Secrets Directive into their national law, know-how theft cases are becoming more frequent. Whilst questions have been raised around adequate protection for whistle blowers and journalists, many see the new laws as a positive move towards better know-how protection in Germany.
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Germany is a leading jurisdiction for patent litigation, yet it is still not popular for those bringing trade secrets disputes. Frankfurt partner Dr Anette Gärtner has published a case comment, “German Federal Supreme Court: Hohlfasermembranspinnanlage II — Enforcement of Claims for Misuse of Trade Secrets”, looking at the recent Supreme Court decision regarding the misappropriation…
On 15 December 2015, Members of the European Parliament (MEPs) came to a preliminary agreement over new rules against the theft or misuse of trade secrets. The rules, which are set out in the draft Trade Secrets Directive, aim to address inconsistent national laws and deter the unlawful acquisition, use and disclosure of know-how and business information.
Continue Reading Progress made on the Trade Secrets Directive
Passage of the draft Directive on Trade Secrets (the ‘Directive’), proposed in November 2013, looks imminent. We’re expecting that the final Directive will be published this summer, giving each of the 28 EU Member States two years in which to enact national implementing legislation.
The new Directive aims to harmonise the differing national laws protecting trade secrets from unlawful acquisition, use and disclosure by establishing a common framework of minimum standards.
Continue Reading Trade Secrets Directive to be published this summer
