The Harmonization and Protection of Trade Secrets in the EU
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The Harmonization and Protection of Trade Secrets in the EU

An Appraisal of the EU Directive

Edited by Jens Schovsbo, Timo Minssen and Thomas Riis

This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.
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Chapter 7: Germany: the Trade Secrets Protection Act of 2019

Ansgar Ohly

Abstract

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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