[eu]cite

Home› Trade Secrets Protection› GeschGehG (EN)

Section 19

Other judicial limitations

(1) In addition to section 16 (1), the court dealing with the main proceedings, upon application by a party, limits access, in full or in part, to a certain number of reliable persons, in order to safeguard trade secrets

1.  to documents submitted or presented by the parties or third parties that may contain trade secrets, or

2.  to the hearing at which trade secrets could be disclosed, and to the recording or minutes of the hearing.

That applies only to the extent that, after consideration of all circumstances, the interest in maintaining secrecy overrides the participants’ right to be heard, also taking into consideration their right to effective legal redress and fair proceedings. Access is to be granted to at least one natural person of each party and their counsels or other representatives. In all other cases, the court determines at its own discretion which orders are necessary to achieve the objective.

(2) If the court imposes limits under subsection (1) sentence 1,

1.  the general public may be excluded from the hearing upon application and

2.  section 16 (3) does not apply to admitted persons.

(3) Sections 16 to 19 (1) and (2) apply accordingly in compulsory enforcement proceedings if the court dealing with the main proceedings has classified Information under section 16 (1) as sensitive or has imposed additional limitations under subsection (1) sentence 1.

←→ also move between sections