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11.07.2022

Federal Court of Justice: No public availability due to omission of steps to keep information secret

In its recent judgment "Oberflächenbeschichtung" (of 12/04/2022 - X ZR 73/20) adjudicating a patent revocation case, the German Federal Court of Justice clarified that the disclosure of technical information (like drawings in the case at hand) does not render the information publicly available just because no steps were taken to keep the information secret, as protection under the Act on the Protection of Trade Secrets (see article of 26/04/2019) would have required. Rather, in cases of disclosure within developmental or testing activities, the general rule further applies that without special circumstances, such disclosed information shall not be regarded as being publicly available.

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