Activities of Axel VOSS related to 2013/0402(COD)
Legal basis opinions (0)
Amendments (5)
Amendment 66 #
Proposal for a directive
Recital 12
Recital 12
(12) The smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents incompatible with the objectives of this Directive. Therefore, it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications. It is also important that measures and remedies provided for should not restrict the freedom of expression and information (which encompasses media freedom and pluralism as reflected in Article 11 of the Charter of Fundamental Rights of the European Union) or whistleblowing activity. Therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed.
Amendment 123 #
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:
Amendment 140 #
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
ca) has legitimately come into the possession of or become aware of the trade secret in the context of an employment relationship and uses this trade secret or discloses it during the ongoing employment relationship or after this relationship has ended.
Amendment 165 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
d) any other practice which, under the circumstances, is in conformity with honest commercial practices.eleted