Successful

Against infringement of

Secrets.

The misuse of know-how and trade secrets can have far-reaching economic consequences. Our attorneys will support you in the assertion of laws resulting from the infringement of trade secrets and your know-how!

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Infringement of trade secrets

The unauthorized use and appropriation of trade secrets can have serious consequences for companies. Confidential information about the company’s know-how, e.g. on production processes, can fall into the hands of competitors in the event of infringement of trade secrets and give them a significant competitive advantage. This can lead to a considerable loss of market share and turnover on your own side. In addition to financial losses, trust in business relationships, whether with partners, customers or employees, is also permanently shaken.

From a legal perspective, companies are protected by the Trade Secrets Act. In the event of an infringement, the perpetrators not only face civil law claims for damages, but also criminal law consequences. These can range from fines to prison sentences.

If you suspect that your know-how is being used without authorization or that such an incident is imminent, it is essential to act quickly. First of all, the incident should be documented and, if necessary, an internal investigation should be initiated to clarify the circumstances of the infringement. A clear overview of the information concerned and its significance for your company is important in order to be able to react in a targeted manner.

Recognize know-how and trade secrets

From a business perspective, the protection of know-how is paramount. The concept of know-how cannot be clearly distinguished from the legally defined trade secret.

In contrast to business practice, the term “know-how” is hardly used officially by German law, meaning that there is no generally valid definition. The term is also used inconsistently in the EU Directive. In a broader sense, know-how can be described as all knowledge in the commercial and technical area of a company. The knowledge does not necessarily have to be “secret” in order to be of economic benefit to the company owner.

In view of the legal situation, however, an independently protected legal position in the sense of an intangible asset can only be considered in the case of secret know-how.

Relevant examples

Trade secrets are confidential information that has economic value and whose unauthorized use or disclosure may cause damage to the owner. Examples of such secrets are

Customer and supplier databases: Contain sensitive information about business partners that may be of great interest to competitors.
Operational strategies and marketing plans: Include future business directions and marketing campaigns, the awareness of which will reduce competitive advantage.
Distribution networks: Information on distribution channels, partnerships or exclusive agreements that influence market access.
Research and development results: Unpublished results of research projects or development work that are potentially patentable but have not yet been protected.
Non-published financial reports and calculations: Internal financial data that provides information on the economic situation of the company.

Claims for infringement of
trade secrets

Companies are often unfamiliar with the large repertoire of legal options available to them. In principle, the following claims can be considered:

Right to injunctive relief and removal:
The owner of a trade secret has the law to request the infringer to remove the impairment and to refrain from future infringements.
Claim for destruction and surrender:
The owner may also demand the destruction or surrender of all documents, objects, materials, substances or electronic files that contain or embody the trade secret and are in the possession of the infringer.
Recall and destruction claim:
If the trade secret has been used in the manufacture of products, the owner has the law to demand the recall of the infringing product and the permanent removal of the infringing products from the distribution channels.
Destruction and withdrawal claim:
In addition, the owner can demand the destruction of the infringing products or the withdrawal of the infringing products from the market in order to prevent further damage.
Right to information and compensation:
The owner is entitled to demand comprehensive information from the infringer, for example on the manufacturers, suppliers, customers and the quantities and prices of the products concerned. In addition, he can request information on the relevant documents and materials as well as on the person from whom the trade secret was obtained. On this basis, he can assert claims for damages.

However, the aforementioned claims may be excluded if their enforcement appears disproportionate in individual cases. The assessment of proportionality requires careful consideration of various factors, such as the value of the trade secret, the confidentiality measures taken and the behavior of the infringer. Without sound legal advice, there is a risk that these complex criteria will not be taken into account correctly, which can impair the enforcement of claims. Our experienced attorneys will support you in effectively enforcing your laws and realistically assessing the chances of success of your claims.

How We Enforce Claims for Infringements of
Trade Secrets

We examine whether the conditions for an infringement of trade secrets exist and how this can be proven. Based on this, we develop targeted strategies to prevent this quickly and effectively, while at the same time protecting your know-how. Our law firm offers you a range of services specially tailored to the prosecution of trade secret infringements:

Examination of the existence of a trade secret:
First, we evaluate whether the information concerned meets the criteria of a trade secret, in particular with regard to confidentiality measures and economic value.
Evaluation of the infringement:
We analyze whether an unlawful acquisition, use or disclosure of the trade secret has taken place.
Determination of proportionality:
We examine whether the enforcement of the claims is proportionate by taking into account, among other things, the value of the secret as well as the behavior of the infringer and the consequences of the infringement.
Development of a strategy:
Based on the analysis, we propose a course of action tailored to your needs and assess the prospects of success. This includes not only the legal prospects of success, but also takes into account the practicability and actual feasibility of the measures.
Taking legal action:
Depending on the case, we initiate the necessary legal measures to enforce claims out of court or in court.

Our expertise – your advantage

Our law firm has extensive experience in dealing with trade secrets and how to take action against their infringement. Due to our extensive experience with patent, design and trademark infringements, which often go hand in hand with the infringement of other know-how, we also use our broad knowledge to respond quickly and successfully to infringements of trade secrets. Our specialized lawyers combine sound legal expertise with practice-oriented strategies to successfully prosecute even complex cases of unfair competition. You benefit from this:

Legal expertise:
Regular training and an intensive exchange within our professional network ensure that we are always informed about the latest developments in know-how protection.
Experience before courts nationwide:
We represent our clients before courts throughout Germany and have many years of experience in dealing with the courts in competition law and know-how protection.
Individual support:
We provide you with individual support and develop customized solutions that are precisely tailored to your needs and specific requirements.
Success-oriented action:
Our aim is to enforce your claims quickly and sustainably and to consistently prevent any betrayal of secrets.