Trade Secret and Know-How

In intensive market competition, the protection of trade secrets and know-how (protected information) is of critical importance for every player in the economy. Necessary protection measures must be taken against the unfair or unauthorised obtaining and/or use of market information and trade secrets in good time, as soon as possible in the interest of ruling out the possibility of infringement.

In this area of specialisation, SBGK undertakes developing regulations, briefing materials and procedures associated with the protection of trade secrets; developing employment contracts from the data protection and secret protection aspect specifically based on the client’s activity; legal consultancy for developing a strategy to protect against competitors’ workforce solicitation activity; and offering complex legal assistance – taking civil law and competition law criteria into consideration alike – where confidential information will have been abused. The European Commission proposed a draft guideline to expedite the protection of trade secrets in November 2013, which would also seek to prevent information leaks by what it refers to as “migrant employees”, so SBGK can also provide its clients up-to-date information about developments and any anticipated changes related to the draft guideline.



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