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October 15, 2018

Happy End for a Stepchild? The German Government's Draft Bill for the Implementation of the Know-How Directive

Betriebs Berater

The General Data Protection Regulation (GDPR) has generated extensive media coverage and triggered a wide range of measures within all affected companies. However, there is a corresponding matter which is of similar importance—a Directive on the protection of undisclosed know-how and business information. Although an early draft bill had been leaked, the German government has not been able to implement it in time. In October, the German government finally sent its draft to the parliament. As know-how is now qualitatively becoming an intangible property law, Nicolas Dumont of Arnold & Porter's German IP team has taken the time to analyze its character. In this article, published by one of the most well-known German law journals, Mr. Dumont explores framework conditions as well as important single aspects (e.g., the Anglo-Saxon instrument known as Confidentiality Club). Ultimately, he classifies the new Directive as a know-how "accolade," as well as one that will strengthen Germany as a place of jurisdiction.