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Home› Trade Secrets Protection› GeschGehG (EN)

Section 2

Definitions

For the purposes of this Act,

1.  ‘trade secret’ means

information

a)  that is not, as a whole or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question and is thus of economic value and

b)  that has been subject to reasonable steps under the circumstances, by its lawful holder, to maintain secrecy and

c)  concerning which there is a legitimate interest in maintaining secrecy;

2.  ‘trade secret holder’ means

any natural or legal person lawfully controlling a trade secret;

3.  ‘infringer’ means

any natural or legal person who unlawfully acquires, uses or discloses a trade secret, in breach of section 4; a person who is able to invoke an exception under section 5 is not an infringer;

4.  ‘infringing good’ means

a good the design, characteristics, functioning, production process or marketing of which significantly benefits from a trade secret unlawfully gained, used or disclosed.

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