German Law On The Protection Of Trade Secrets
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German Law On The Protection Of Trade Secrets
The German Law on the Protection of Trade Secrets (German: ''Gesetz zum Schutz von Geschäftsgeheimnissen''), or Trade Secrets Law in short (German: ''GeschGehG''), serves to protect business secrets against unauthorized acquisition, use, and disclosure (§ 1 Abs. 1 Trade Secrets Law). The law implements the Directive (EU) 2016/943 on the Protection of Trade Secrets in German law. It replaces the right to secrecy, which was previously regulated in §§ 17-19 of the Act Against Unfair Competition. Legislative history On 21 March 2019, the Bundestag adopted the draft of The Law on the Protection of Trade Secrets. The Federal Council (German: ''Bundesrat'') approved the bill on 12 April 2019. On 18 April 2019, the Law was enacted as Article 1 of the Law transposing Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. Criticism of the bill of the Federal Government ...
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Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th ce ...
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Trade Unions In Germany
Trade unions in Germany have a history reaching back to the German revolution in 1848, and still play an important role in the German economy and society. The most important labor organization is the German Confederation of Trade Unions (', or ''DGB''), which is the umbrella association of eight single trade unions for individual economic sectors, representing more than 6 million people . The largest single trade union is the IG Metall, which organizes about 2.3 million members in metal (including automobile and machine building), electronics, steel, textile, wood and synthetics industries. In 2022, half of all German workers were covered by collective bargaining agreements. In Germany, unions and employer associations bargain at the industry-region level. These large-scale agreements have broad coverage and lead to considerable standardization in wages and employment conditions across the country. Some bargaining occurs at the firm level. Current Situation The German ...
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Strafgesetzbuch
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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Adjudicator
An adjudicator is someone who presides, judges, and arbitrates during a formal dispute or competition. They have numerous purposes, including preliminary legal judgments, to determine applicant eligibility, or to assess contenders' performance in competitions. Types Arbiters An example is a person who makes a preliminary judgment as to an unemployment insurance claim. An adjudicator makes an initial decision to keep a case from going to court. Although the adjudicator's decision does not have legal weight, the adjudicator has rendered a decision. Although a case can be appealed to a judge, the adjudicator's decision is frequently accepted as the same as what a judge would make, keeping many time-consuming cases out of the court system. Decision-making panels The term is used to refer to a panel of judges in the process of considering security clearances for the United States government. The panel reviews information from a background investigation and a polygraph and dec ...
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Intellectual Property Infringement
An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator or as a mediator, the intellectual participates in politics, either to defend a concrete proposition or to denounce an injustice, usually by either rejecting or producing or extending an ideology, and by defending a system of values. Etymological background "Man of letters" The term "man of letters" derives from the French term '' belletrist'' or ''homme de lettres'' but is not synonymous with "an academic". A "man of letters" was a literate man, able to read and write, as opposed to an illiterate man in a time when literacy was rare and thus highly valued in the upper strata of society. In the 17th and 18th centuries, the term ''Belletrist(s)'' came to be applied to the ''literati'': the French participants in—sometimes referre ...
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Employee
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endeavor ...
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Nina Scheer
Nina Scheer (born 11 September 1971) is a German lawyer and politician of the Social Democratic Party (SPD) who has been a member of the Bundestag since 2013. Her political interests include energy policy and climate change. In 2019, Scheer was an unsuccessful candidate in the 2019 Social Democratic Party of Germany leadership election, in a team with Karl Lauterbach. Her father was Hermann Scheer, also a SPD Bundestag member. Early life and career Scheer was born in Berlin. From 1991 to 1996 she studied music with a specialization in the violin at the Folkwang University of the Arts in Essen, then studied law at the University of Bonn. In 2008 she obtained a doctorate in political science at the University of Leipzig. Political career Scheer has been a member of the German Bundestag since the 2013 elections, standing in the electoral district Herzogtum Lauenburg – Stormarn-Süd, which encompasses the administrative district Duchy of Lauenburg and parts of Storma ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ...
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Industrial Espionage
Industrial espionage, economic espionage, corporate spying, or corporate espionage is a form of espionage conducted for commercial purposes instead of purely national security. While political espionage is conducted or orchestrated by governments and is international in scope, industrial or corporate espionage is more often national and occurs between companies or corporations. Forms of economic and industrial espionage Economic or industrial espionage takes place in two main forms. In short, the purpose of espionage is to gather knowledge about one or more organizations. It may include the acquisition of intellectual property, such as information on industrial manufacture, ideas, techniques and processes, recipes and formulas. Or it could include sequestration of proprietary or operational information, such as that on customer datasets, pricing, sales, marketing, research and development, policies, prospective bids, planning or marketing strategies or the changing compositions ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Cabinet Of Germany
The Federal Cabinet or Federal Government (german: link=no, Bundeskabinett or ') is the chief Executive (government), executive body of the Germany, Federal Republic of Germany. It consists of the Chancellor of Germany, Federal Chancellor and minister (government), cabinet ministers. The fundamentals of the cabinet's organisation as well as the method of its election and appointment as well as the procedure for its dismissal are set down in articles 62 through 69 of the Basic Law for the Federal Republic of Germany (''Grundgesetz''). In contrast to the system under the Weimar Republic, the Bundestag may only dismiss the Chancellor with a constructive vote of no confidence (electing a new Chancellor at the same time) and can thereby only choose to dismiss the Chancellor with their entire cabinet and not simply individual ministers. These procedures and mechanisms were put in place by the authors of the Basic Law to both prevent another dictatorship and to ensure that there will n ...
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German Trade Union Confederation
The German Trade Union Confederation (german: Deutscher Gewerkschaftsbund; DGB) is an umbrella organisation (sometimes known as a national trade union center) for eight German trade unions, in total representing more than 6 million people (31 December 2011). It was founded in Munich, 12 October 1949. The DGB coordinates joint demands and activities within the German trade union movement. It represents the member unions in contact with the government authorities, the political parties and the employers' organisations. However, the umbrella organisation is not directly involved in collective bargaining and does not conclude collective labour agreements. Union delegates elect committees for 9 districts, 66 regions and the federal centre. The organisation holds a federal congress every four years. This assembly sets the framework for trade union policies and elects five Federal Executives. Together with the presidents of the member unions they constitute the DGB's executive co ...
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