The trade secret holder is entitled to claim for cease and desist (Sec. 6 GeschGehG), for special measures, such as destruction, recall, etc. (Sec. 7 GeschGehG) and for information and compensation (Sec. 8 GeschGehG).
At the request of the trade secret holder, the court can order by way of an interim injunction a cease and desist of the use or disclosure of the trade secret as well as a seizure of the documents, items, materials, substances or electronic files in the possession or property of the infringer that contain or embody the trade secret. The aim of the injunctive relief is to prevent a renewed (injunctive relief) or a first-time (preventive injunctive relief) infringement.
In addition, a court decision taken on the merits (main proceedings) can order the following:
- destruction or release of the documents, items, materials, substances or electronic files in the possession or property of the infringer that contain or embody the trade secret;
- recall of the infringing product;
- permanent removal of the infringing products from the distribution channels;
- destruction of the infringing products; or
- withdrawal of the infringing products from the market, if the protection of a trade secret is not affected.
Finally, the holder of the trade secret is entitled to information claims in accordance with Section 8 GeschGehG.