State secrets privilege

A state secret is protected by criminal law in Germany ( as in the provisions relating to treason, § 94 of the Criminal Code, disclosing state secrets, § 95 of the Criminal Code, spying, § 96 of the Criminal Code, divulging state secrets, § 97 of the Penal Code and various by- laws ). Legally management of confidentiality, inter alia, carried out by the treatment as a confidential matter.

Definition

§ 93 Section 1 of the Criminal Code defines state secrets as facts, objects or findings that are only a limited number of people and have to be kept secret from a foreign power, to avert the risk of serious detriment to the external security of the Federal Republic of Germany. In this case pursuant to paragraph 2 of that provision are among other facts, that violate the liberal- democratic order, no state secrets. Examples of state secrets, in addition to military records " weapons, aircraft, writings, drawings, plans, but only in my thoughts fixed issues, such as news articles or planned projects " of the state.

State secrets in intellectual property law

The registration of inventions, which may contain a state secret is regulated in § 50 and § 53 PatentG and in § 9 Utility Models Act ( offenses contained § 52 paragraph 2 of the Patent Law, § 9 paragraph 2 GebrMG and § 4 para 4 Half Head Protection Act). At the European Patent Office may patent applications containing a state secret, not be immediately filed (Art. II, § 11 of the Law on International Patent Treaties ).