10 Amendments of Biljana BORZAN related to 2013/0402(COD)
Amendment 96 #
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) threat;
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
(cb) error (the trade secret holder or third parties having been misled);
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) be fair and equitableapplied in accordance with the principles of conscientiousness and fairness;
Amendment 193 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall ensure that the interimprovisional measures referred to in Article 9 are revoked or otherwise cease to have legal effect, upon request of the respondent, if:
Amendment 199 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall ensure that, in considering a request for the adoption of the injunctions and corrective measures provided for in Article 11 and assessing their proportionality, the competent judicial authorities take into account the value of the trade secret, the measures taken to protect the trade secret, the conduct of the infringer in acquiring, disclosing or using of the trade secret, the behaviour of the infringer during the entire course of the legal proceedings, the impact of the unlawful disclosure or use of the trade secret, the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties, the legitimate interests of third parties, the public interest and the safeguard of fundamental rights, including freedom of expression and information.
Amendment 203 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that the measures referred to in in point (a) of Article 11(1) are revoked or otherwise cease to have legal effect, upon request of the respondent if in the meantime the information in question no longer fulfils the conditions of point (1) of Article 2 for reasons that cannot be attributed to the respondent.
Amendment 207 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
(b) execution of the measures in question would cause that person disproportionate harm, or members of his or her immediate family, disproportionate harm in the form of serious disgrace or substantial material damage;
Amendment 209 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
Member States shall ensure that, in cases where a party, out of ignorance, fails to make use of the rights to which it is entitled, the competent judicial authorities are obliged to inform such parties about the courses of action open to them.
Amendment 220 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In deciding whether to order a publicity measure and assessing its proportionality, the competent judicial authorities shall take into account the possible harm that such a measure may cause to the privacy and reputation of the infringer and to members of his or her immediate family, whenever the infringer is a natural person, as well as the value of the trade secret, the conduct of the infringer in acquiring, disclosing or using the trade secret, the behaviour of the infringer during the entire course of the legal proceedings, the impact of the unlawful disclosure or use of the trade secret, and the likelihood of further unlawful use or disclosure of the trade secret by the infringer.
Amendment 221 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
The sanctions provided for shall be enforced within a reasonable time.