2 Amendments of Max ANDERSSON related to 2014/0402(COD)
Amendment 326 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the competent judicial authorities, on the application of the injured party, order the infringerperson who has unlawfully acquired, disclosed or use a trade secret, who knew or ought to have known that he or she was engaging in unlawful acquisition, disclosure or use of a trade secret, to pay the trade secret holder damages commensurate to the actual prejudice suffered as a result of the unlawful acquisition, disclosure or use of the trade secret.
Amendment 328 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, disclosure or use of a trade secret of the employer. This option also applies when unlawful acquisition, disclosure and use of trade secrets occurs after the employment of an employee has terminated.