An Appraisal of the EU Directive
Edited by Jens Schovsbo, Timo Minssen and Thomas Riis
Chapter 7: Germany: the Trade Secrets Protection Act of 2019
As the implementation deadline for the Directive (5 July 2018) fell before the impending date of exit from the European Union, it was thought to make sense actively to enact harmonizing measures in intellectual property law. The regulations were likely to focus on those areas that require clarification and alignment: the definition of trade secret; the definition of prohibited acts (unlawful acquisition and infringing goods); lawful acquisition; and enforcement measures relating to damages and so-called springboard injunctions. The UK was expected to use its judicially developed action for breach of confidence as the main vehicle to implement the Directive, together with the proposed regulations covering these specific issues.
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