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  • Article

    Trade And Business Secrets Law Enacted

    It is here. The German Trade and Business Secrets Law (Geschäftsgeheimnisgesetz; GeschGehG) came into effect on April 26, 2019. Companies wishing to ensure protection
    GermanyIntellectual Property
    HEUKING
    HEUKING
  • Article

    Legal Boost For Start-ups: GROWN UP - Trade Secret Protection & Funding

    What are the most important legal principles you should be aware of when doing or setting up business in Germany? All will be explained - short and simple ...
    GermanyIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Health Data: European Commission Proposes New Rules On Access And Use

    In May 2022, the European Commission published a proposal to establish a European Health Data Space ("EHDS"). The Commission's EHDS proposal aims to improve access by individuals to their health data...
    European UnionIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    Good Things Need Time? The Draft Of The Know-How Directive Is Progressing

    Before the last Election for the European Parliament took place, the European Commission rushed to move forward with an important project by publishing the Draft of the Know-How Directive.
    GermanyIntellectual Property
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    LD Hamburg, November 19, 2024, Oder On Confidentiality Of Patent Transfer Documents, UPC_CFI_169/2024

    The court restricted the access to unredacted versions of a brief and an exhibit to the legal representatives insofar as they are authorized to represent their party before the UPC...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    What Are The Implications Of The New Trade Secrets Act (Geschäftsgeheimnisgesetz) For Companies?

    For companies, the GeschGehG initially means increased protection of their trade secrets.
    GermanyIntellectual Property
    POELLATH
    POELLATH
  • Article

    Germany's Second Bill To Simplify And Modernise Patent Law

    The Bundesrat decided not to request that the Mediation Committee convene to address the bill.
    GermanyIntellectual Property
    Taylor Wessing
    Taylor Wessing
  • Article

    LD Düsseldorf, November 19, 2025, Order Re Confidentiality (R. 262A RoP), UPC_CFI_539/2024

    In response to confidentiality interests asserted by the respondent to an application for preservation of evidence (the alleged infringer), the court may order a partial redaction of the expert report before its release...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Trade Secrets Directive - Effective Business Framework

    The Act relating to safeguarding trade secrets (GeschGehG) entered into force on 26 April 2019. Safeguarding trade secrets has fundamentally changed in Germany as a result.
    GermanyIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Germany Introduces New Trade Secrets Act Which Imposes Extensive Preventive Measures On Companies

    After several months of delay and heated political discussion among all German parties about the scope of protection regarding journalists
    GermanyIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    LD Düsseldorf, November 17, 2025, Order Re Inspection And Preserve Evidence, UPC_CFI_885/2025

    The court ordered the full disclosure of an expert's inspection report to the patentee because the defendant failed to identify any trade secrets within the given deadline, confirming that parties must actively claim...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Patenting Artificial Intelligence And Machine Learning Innovations In Europe

    The EPO is taking steps to encourage the disclosure of AI innovations, instead of keeping them as trade secrets.
    GlobalIntellectual Property
    Jones Day
    Jones Day
  • Article

    German Whistleblower Protection Act Enters Into Force

    On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels...
    GermanyEmployment and HR
    K&L Gates
    K&L Gates
  • Article

    Court Of Appeal, June 10, 2026, Order Of The Court Of Appeal, UPC_CoA_61/2026

    Market data from providers requiring confidentiality qualifies as confidential information under R. 262.2, R. 262A.1 RoP and Art. 58 UPCA, extending beyond trade secrets per Art. 39(2) TRIPS
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CD Munich, 17 November 2023, Order, UPC_CFI_80/2023

    An application for the protection of confidential information ("Confidential Annex") under Rule 262A was made by the Claimant concerning...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    From Competitor To Competitor

    Sectors characterized by massive investments and a limited number of market players—such as defense and semiconductors—are experiencing unprecedented levels of investment as governments and industry seek...
    GermanyEmployment and HR
    A&O Shearman
    A&O Shearman
  • Article

    Terms Of Engagement – Legal Insights Shaping The Defence Sector In Germany

    Intellectual property in the defence sector operates under a unique regulatory framework where innovation must be balanced against national security concerns. How can companies effectively protect...
    GermanyIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    LD Düsseldorf, 11 May 2026, Order, UPC_CFI_1034/2025 & UPC_CFI_931/2026

    Confidentiality orders are not limited to trade secrets, they cover any information requiring confidentiality, balanced against the parties’ competing interests
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Bill Of The German Federal Ministry Of Justice And Consumer Protection For A Second Act Concerning The Simplification And Modernization Of German Patent Law (Second Patent Law Modernization Act (2. PatMoG))

    This clarification is necessary because the courts of lower instances are "very reluctant" to consider this corrective measure.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Key Changes In The Revised German Product Liability Act

    Germany's Federal Cabinet has approved a draft bill modernizing the country's product liability framework for the first time since 1989, expanding liability to cover software and AI systems while introducing new evidentiary rules that shift the burden of proof toward manufacturers. The reform extends potential liability to a broader range of economic operators, including online marketplace providers and fulfillment service providers, while establishing extensive disclosure obligations for defendants in prod
    GermanyConsumer Protection
    McDermott Will & Schulte
    McDermott Will & Schulte

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