Activities of Therese COMODINI CACHIA related to 2013/0402(COD)
Plenary speeches (2)
Protection of trade secrets against their unlawful acquisition, use and disclosure (A8-0199/2015 - Constance Le Grip)
Protection of trade secrets against their unlawful acquisition, use and disclosure (debate)
Amendments (5)
Amendment 85 #
Proposal for a directive
Article 1 – title
Article 1 – title
Subject matter and scope
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive shall not affect the possibility for Member States, in compliance with the provisions of the Treaty, to lay down provisions ensuring more extensive protection of trade secrets against their unlawful acquisition, use or disclosure than that provided by this Directive, with the exception of Articles 4, 5, 6, 7, 8(1) second subparagraph, 8(3), 8(4), 9(2), 10, 12 and 14(3) [which shall be implemented in their entirety]. This Directive shall not affect Union and/or national law and/or practices concerning the information and consultation of employees and the representation and collective defence of the interests of workers and employers, including co-determination.
Amendment 124 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by, in particular in the following cases:
Amendment 130 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) unauthorised access to or copy or taking of any documents, objects, materials, substances or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced where the person carrying out any of these acts knew or should, under the circumstances, have known that he was engaged in unauthorised acquisition of that trade secret;
Amendment 156 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) observation, study, disassembly or test of a product or object that has been made available to the public or that it is lawfully in the possession of the acquirer of the information who is free from any duty to limit the acquisition of the trade secret;