Germany jurisdiction report: Judging the consequences of infringement

In Germany, the proprietor of trade secrets is protected against unlawful misappropriation of trade secrets under the regime of unfair competition laws: certain acts of misappropriation of trade secrets are prohibited as criminal offences. Prohibited acts include the so-called betrayal of secrets (ie, when an employee discloses trade secrets to third persons with the intent to harm or profit from that act) or industrial espionage (ie, when trade secrets are unlawfully acquired through copying or other technical means).