Trade secret

Trade secrets and commercial secrets, techniques, recipes or other information that may apply to be confidential from competitors and the general public in the field of economy.

While the trade secret includes the technical aspects of the mystery, the commercial aspects are covered by business secrecy.

In its decision of 14 March 2006, which was based on a constitutional complaint, Deutsche Telekom, led from the Federal Constitutional Court:

The Federal Administrative Court defined in 2005:

Below is only spoken of trade secrets, even if trade secrets are meant in the sense of distinction and also cited.

In IT, confidentiality agreements are signed to protect them often, if details should be disclosed due to an inter-enterprise collaboration. To circumvent reverse engineering is often operated, a kind of backward development based on individual, well-known properties.

Trade secrets in economic history over and over again the reason for hostile takeovers, because they change along with the company's owners.

Trade secrets are subject to the criminal law protection under § 203, § 204 of the Penal Code and § § 18 et seq UWG (see also secret stolen goods ).

Numerous legal standards Write laid the protection of trade secrets by the state when it becomes aware of them. The Federal Constitutional Court has ruled that primarily the fundamental right of freedom of occupation Art. 12 GG has to be regarded as standard of review when it comes to disclosure of operating and business secrets. If in court the behavior of a competitor will be judged and take other competitors participate in the process as regularly there is a conflict between the protection of the operating and business secrets and the rules comprehensive insight into the court records for all parties.