Activities of Ildikó GÁLL-PELCZ related to 2013/0402(COD)
Plenary speeches (1)
Protection of trade secrets against their unlawful acquisition, use and disclosure (A8-0199/2015 - Constance Le Grip) HU
Amendments (10)
Amendment 48 #
Proposal for a directive
Recital 15
Recital 15
(15) Unlawful acquisition of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret. As a result, it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition, use or disclosure of a trade secret, including when such trade secret is used for the provision of services. Such relief must be available without having to await a decision on the substance of the case, with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question. Guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required, particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret.
Amendment 114 #
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 when the person carrying out such activities knew, or, under the circumstances, should have known that the trade secret was used unlawfully within the meaning of paragraph 3.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall ensure that, for the purpose of protecting a legitimate interest recognised by Union or national law, there shall be no entitlement to the application for the measures, procedures and remedies provided for in this Directive when the alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases:
Amendment 140 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 144 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 148 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The acquisition, use or disclosure of trade secrets shall be considered lawful to the extent that such acquisition, use or disclosure is required or allowed by Union or national law, without prejudice to any rights of the trade secret holder.
Amendment 163 #
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 one year but not more than twothree 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 213 #
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 infringer 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.
Amendment 217 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. When setting the damages, the competent judicial authorities shall take into account all appropriate factors, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the trade secret holder by the unlawful acquisition, use or disclosure of the trade secret.
Amendment 219 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In deciding whether to order a publicity measureone of the measure referred to in paragraph 1, and assessing its proportionality, the competent judicial authorities shall take into account twhe possible harm that such measure may cause to the privacy and reputther publication of theat infringer, whenever the infringer is a natural person, as well as the value of the trade secret,ormation would be justified, in particular in the light of the following criteria: the conduct of the infringer in acquiring, disclosing or using the trade secret, the value of the trade secret and the impact of the unlawful acquisition, disclosure or use of the trade secret, and the likelihood of further unlawful use or disclosure of the trade secret by the infringer.