Activities of Emma McCLARKIN related to 2013/0402(COD)
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 (7)
Amendment 89 #
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 101 #
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 161 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall ensure that actions for the application of the measures, procedures and remedies provided for in this Directive may be brought within at least onfive years but not more than twosix years after the date on which the applicant became aware, or had reason to become aware, of the last fact giving rise to the action.
Amendment 167 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
The obligation referred to in the first subparagraph shall remain in force after the legal proceedings have ended. However, such obligation shall cease to exist in any of the following circumstances:
Amendment 168 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2 – point a
Article 8 – paragraph 1 – subparagraph 2 – point a
(a) where in the course of the proceedings, the alleged trade secret is found not to fulfil the requirements set out in point (1) of Article 2;
Amendment 173 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
(a) to restrict access to any document containing trade secrets or alleged trade secrets submitted by the parties or third parties, in whole or in part, to a limited number of persons, provided that at least one person from each party, its respective lawyers or representative to the proceedings and court officials are given full access to such document;
Amendment 181 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) to restrict access to hearings, when trade secrets or alleged trade secrets may be disclosed, and their corresponding records or transcript. In exceptional circumstances, and subject to appropriate justificati, to a limited number of persons, the competent judicial authorities may restrict the parties’ access to those hearings and order them to be carried out only in the presence of the legalprovided that at least one person from each party, its respective lawyer or representatives of to the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1roceedings and court officials are given full access to such document;