GERMANY Trends and Developments Contributed by: Thomas Nägele, Simon Apel, Jonathan Drescher and Alexander Stolz, SZA Schilling, Zutt & Anschütz
An Important Step Forward Altogether, the protection for trade secret own - ers in Germany has improved significantly since the TSA came into force and this protection is further substantiated with each court decision. The extension of procedural secrecy protection through the new Section 273a German Code of Civil Procedure is a further important step and continues this development process. While some established case law is developing, there is however still considerable legal uncertainty on key issues, particularly with regard to the require - ments for contractual confidentiality measures. It would also be desirable for the national courts to make use of their power of referral to the CJEU at an early stage in order to ensure legal certainty on the relevant issues.
103 CHAMBERS.COM
Powered by FlippingBook