Activities of Sergio Gaetano COFFERATI 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) (vote) IT
Protection of trade secrets against their unlawful acquisition, use and disclosure (debate) IT
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure PDF (1 MB) DOC (564 KB)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure
Amendments (31)
Amendment 22 #
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third parties. The dissemination of knowledge and information must be considered essential to ensuring dynamic, positive and equal business development opportunities, especially for small and medium-sized enterprises.
Amendment 39 #
Proposal for a directive
Recital 1
Recital 1
(1) Businesses and non- commercial research institutions invest in acquiring, developing and applying know-how and information, which is the currency of the knowledge economy. This investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment, which is the underlying motivation for business research and development. Businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments. Use of formal intellectual property rights such as patents, design rights or copyright is one of them. Another is to protect access and exploit the knowledge that is valuable to the entity and not widely known. Such know-how and business information, that is undisclosed and intended to remain confidential is referred to as a trade secret. Businesses, irrespective of their size, value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool, covering a diversified range of information, which extends beyond technological knowledge to commercial data such as information on customers and suppliers, business plans or market research and strategies. By protecting such a wide range of know-how and commercial information, whether as a complement or as an alternative to intellectual property rights, trade secrets allow the creator to derive profit from his/her creation and innovations and therefore are particularly important for research and development and innovative performance.
Amendment 43 #
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. The dissemination of knowledge and information must be considered essential to ensuring dynamic, positive and equal business development opportunities. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third parties.
Amendment 52 #
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 and precise 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. 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 58 #
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 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. The provisions of the Directive should therefore not be considered applicable where the information is disclosed in the overriding public interest or in compliance with a fundamental right.
Amendment 61 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive shall not prejudice the application of national or EU laws which provide for or require the dissemination of information which could be defined as a trade secret. In such cases, the overriding general public interest should be clearly defined.
Amendment 62 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) This Directive is without prejudice to the freedom of movement and establishment of workers.
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the protection against the unlawful acquisition, disclosure and use of trade secrets. The acquisition, use and exploitation of trade secrets shall be considered lawful where so provided under national or EU legislation or by public authorities in the exercise their remit, since the protection of trade secrets must not undermine the general public interest. In such cases, therefore, such information shall not fall within the scope of this Directive.
Amendment 72 #
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 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. The provisions of this Directive shall therefore not apply where the information is disclosed in the overriding public interest or in compliance with a fundamental right.
Amendment 81 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The measures provided in this Directive and their implementation shall be without prejudice to the freedom of movement and establishment of workers.
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The acquisition, use and disclosure of trade secrets shall be considered lawful where provided for under EU or national legislation or where carried out by public authorities in the exercise of their mandate, to ensure that the protection of trade secrets does not undermine the general public interest. In such cases, therefore, such information shall not fall within the scope of this Directive.
Amendment 93 #
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 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. Thus the provisions of this Directive should not apply, if the disclosure of undisclosed information is in the overriding public interest or can be considered as a fundamental right.
Amendment 93 #
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, with the effect of gaining an advantage or causing financial loss, by:
Amendment 96 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) This Directive will not affect the application of the freedom of movement for workers and the freedom of establishment. It does also not affect the right of workers' representatives to the acquisition and disclosure of trade secrets in the context of the exercise of their rights to information, consultation and participation in accordance with Union and national law and practises.
Amendment 96 #
Proposal for a directive
Article 2– point 1 – introductory part
Article 2– point 1 – introductory part
(1) ‘trade secret’ means confidential business information which meets all of the following requirements:
Amendment 108 #
Proposal for a directive
Article 2 – point 1 – point c a (new)
Article 2 – point 1 – point c a (new)
(ca) its disclosure is not required or authorised by national or EU law.
Amendment 110 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) The conditions set out in paragraph 3 shall not limit the use by employees of the knowledge and skills honestly acquired in the exercise of their duties.
Amendment 112 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret in cases where the person engaging in this activity was, or depending on the circumstances, should have been, aware of the fact that unlawful use had been made of the trade secret.
Amendment 122 #
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) through the knowledge and skills honestly acquired by employees in the exercise of their duties.
Amendment 123 #
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) where disclosure is clearly in the general public interest.
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) unauthorised access to or copy 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;
Amendment 136 #
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, with the effect of gaining an advantage or causing financial loss:
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The provisions set out in paragraph 3 shall not limit the use by employees of the knowledge and skills honestly acquired in the exercise of their duties.
Amendment 151 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret, in cases where the person engaging in this activity was, or depending on the circumstances, should have been, aware of the fact that unlawful use had been made of the trade secret.
Amendment 153 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and worker mobility in the internal market.
Amendment 154 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) required or authorised by national or EU law;
Amendment 158 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) use of the knowledge and skills honestly acquired by employees in the normal exercise of their duties;
Amendment 160 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) exercise of the right of workers or workers’ representatives to information and consultation in accordance with Union and national law and/or practices;
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and workers' mobility in the internal market.;
Amendment 225 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. . By XX XX 20XX [four years after the end of the transposition period], the Commission shall draw up an intermediate report on the application of this Directive, covering also its possibly harmful impact on fundamental rights and worker mobility and any possible improvements regarding cooperation for innovation and submit it to the European Parliament and the Council. This report shall take due account of the report prepared by the European Observatory on Infringements of Intellectual Property Rights.
Amendment 280 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By XX XX 20XX [four years after the end of the transposition period], the Commission shall draw up an intermediate report on the application of this Directive, including on its possible deleterious effects on fundamental rights and on workers' mobility as well as possible further improvements on innovation cooperation with a special attention to the effects on small and medium-sized enterprises, and submit it to the European Parliament and the Council. This report shall take due account of the report prepared by the European Observatory on Infringements of Intellectual Property Rights.