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Amendments to Trademark Laws

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Jun 20, 2019 (Newsletter Issue 8/19)
Germany
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New Trade Secrets Act in Force


Germany has adopted a New Trade Secrets Act, which came into force on April 26, 2019. The Act implements the European Directive on the Protection of Trade Secrets (2016/943/EU) which aims to achieve a uniform level of protection for know-how and confidential information across Europe.

The most important changes are the following:

Stricter concept of trade secret protection:
Now trade secret holders will have to prove that the trade secrets had been subject to ‘reasonable steps’ to keep them secret and that the holder has a legitimate interest in keeping them secret.

Improved confidentiality protection in court proceedings:
The new Act introduces options to ensure that confidentiality is maintained in court cases.

Comprehensive set of rights to enforce trade secrets:
The new Act provides trade secrets holders with comprehensive rights to act against infringers.

For more information on organisational, technical and legal steps, please click here

Source: www.freshfields.com