Activities of Jean-Marie CAVADA related to 2013/0402(COD)
Legal basis opinions (0)
Amendments (14)
Amendment 51 #
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret. For this purpose, it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information and know-how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality, including in the context of public and private contracts. The information or know-how should also have actual or potential commercial value. The information or know-how has commercial value, in particular, to the extent that its unlawful acquisition, use or disclosure is likely to cause harm to the person who legitimately controls it, by undermining their scientific and technological potential, economic or financial interests or their ability to withstand competition. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question.
Amendment 60 #
Proposal for a directive
Recital 10
Recital 10
10) In the interest of innovation and to foster competition, the provisions of this Directive should not create any exclusive right on the know-how or information protected as trade secrets. Its provisions cannot be used for the sole purpose of restricting competition. Thus, independent discovery of the same know- how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product.
Amendment 62 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) The lawful acquisition of confidential commercial information or know-how cannot subsequently be used to justify disclosure constituting an act of unfair competition, defined in Article 10a of the Paris Convention on the protection of intellectual property as any act of competition contrary to honest practices in industrial or commercial matters. While healthy competition brought about by the lawful use of data, including data generated by reverse engineering, should be encouraged, it is essential to punish any use which is contrary to honest commercial practices
Amendment 63 #
Proposal for a directive
Recital 11
Recital 11
(11) In line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation without jeopardising other objectives and principles of public interest. In this respect, the measures and remedies ensure that competent judicial authorities account for the value of a trade secret, the seriousness of the conduct resulting in the unlawful acquisition, use or disclosure of the trade secret as well as the impact of such conduct. It should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation, as well as the interests of third parties including, where appropriate, consumers. Any measure that may directly or indirectly restrict sharing and use of knowledge and the hiring and mobility of labour, including the introduction of a uniform definition of trade secrets and the introduction and implementation of uniform rules for the protection of trade secrets within the internal market, should respect the principle of proportionality in the interest of innovation and free competition.
Amendment 70 #
Proposal for a directive
Recital 16
Recital 16
(16) For the same reason, it is also important to provide for measures to prevent further unlawful use or disclosure of a trade secret, including when trade secrets are used for the purposes of delivering services. For prohibitory measures to be effective, their duration, when circumstances require a limitation in time, should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition, use or disclosure of the trade secret. In any event, no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent.
Amendment 73 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of the press and the media, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence.
Amendment 77 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) In particular, it is important that the freedom of the press and the media should be respected, in accordance with Article 11 paragraph 2 of the Charter of Fundamental Rights of the European Union, in order that this Directive does not hinder the work of journalists, especially in relation to investigations, the protection of sources and the public’s right to information.
Amendment 82 #
Proposal for a directive
Recital 28
Recital 28
Amendment 105 #
Proposal for a directive
Article 2 – point 1 – point c
Article 2 – point 1 – point c
(c) has been subject to reasonable steps under the circumstances, by the person lawfully in control ofwho holds the information, to keep it secret;
Amendment 116 #
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
4) ‘infringing goods’ means goods whose design, qualityunlawful goods or services’ means goods placed on the market whose form quality, characteristics, manufacturing process or marketing significantlyhave benefitsted from trade secrets unlawfully acquired, used or disclosed.
Amendment 147 #
Proposal for a directive
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
c a) has acquired the trade secret lawfully but uses or discloses it in a manner contrary to honest commercial practices and likely to harm the commercial interests of the trade secret holder and/or the smooth functioning of the internal market.
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
3a. The obligations laid down in this paragraph may not arbitrarily limit the use of experience acquired honestly through employment or some other contractual relationship. The rules on collective agreements and national labour law systems shall not be affected.
Amendment 157 #
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 legally valid duty to limit the acquisition of the trade secret, provided that the information acquired is not used in a manner contrary to honest commercial practice;
Amendment 169 #
Proposal for a directive
Article 4 – paragraph 1a (new)
Article 4 – paragraph 1a (new)
1a. The acquisition, use and disclosure of trade secrets shall be deemed lawful in so far as it is required by national or Union law, without prejudice to the rights of the holder.