Activities of Pascal DURAND related to 2014/0402(COD)
Legal basis opinions (0)
Amendments (31)
Amendment 175 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall ensure that there shall be no entitlement to the application for the measures, procedures and remedies provided for in this Directive whThe acquisition, use and disclosure of trade secrets Member States shall be considered lawful to the extent theat alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases:
Amendment 181 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimate use of the right to freedom of expression and, media freedom and freedom of information;
Amendment 193 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for the purpose of revealing an applicant’s misconduct, fraud, wrongdoing or, illegal activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 197 #
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) decompilation, reverse engineering and performing acts necessary to observe, study or test the functioning of computer programs permitted by Directive 2009/24/EC of the European Parliament and of the Council1a; ______________ 1aDirective2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16).
Amendment 203 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functionsin accordance with national and Union law;
Amendment 209 #
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) when fulfilling the terms of the employment contract of workers;
Amendment 220 #
Proposal for a directive
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) for the purpose of protecting the public order and the general interest, including health and environment as well human, animal or plant life.
Amendment 222 #
Proposal for a directive
Article 4 – paragraph 2 – point e b (new)
Article 4 – paragraph 2 – point e b (new)
(eb) the trade secret is requested and/or disclosed by a public institution according to their mandate, as required or allowed by national laws or Union regulations.
Amendment 223 #
Proposal for a directive
Article 4 – paragraph 2 – point e c (new)
Article 4 – paragraph 2 – point e c (new)
(ec) The requirement or authorization by Article 4(4)(d) of the United Nations Aarhus Convention, Article 6(1) of Regulation (EC) 1367/2006 and Article 4(1) of Directive 2003/4/EC which require the disclosure of information on emissions relevant to the protection of the environment even in case of confidential commercial and industrial information.
Amendment 224 #
Proposal for a directive
Article 4 – paragraph 2 – point e d (new)
Article 4 – paragraph 2 – point e d (new)
(ed) the requirement or authorization by Article 5(8) of the United Nations Aarhus Convention which requires sufficient product information to be made available to the public in a manner which enables consumers to make informed environmental choices;
Amendment 225 #
Proposal for a directive
Article 4 – paragraph 2 – point e e (new)
Article 4 – paragraph 2 – point e e (new)
(ee) for the purpose of addressing security vulnerabilities of information systems.
Amendment 230 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) is proportionate to the actual economic harm for the holder of the trade secret due to the alleged unlawful access, disclosure or use of it;
Amendment 232 #
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 233 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provides for safeguards against their abuse. and ensures that when defendants are wrongfully accused of unlawful action, they receive compensation for any suffered harm due to unfounded action;
Amendment 234 #
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) the proof that the trade secret was unlawfully acquired and that none of the exceptions mentioned in Article 4 of this Directive applies shall be borne by the person lawfully in control of the trade secret.
Amendment 239 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Member States shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition, disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’'s access to the market or otherwise intimidating or harassing the respondent, or to prevent the disclosure of information of public interest, such competent judicial authorities shall be entitled to take the following measures:
Amendment 240 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) ensure proportionate compensation for the economic damages and losses incurred if any, as well as for the potential moral prejudice caused to the alleged unlawful accessor, acquirer or user of trade secrets;
Amendment 254 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In the case of legal action against former employers and employees, the limitation period should not exceed one year in order not to affect or prevent employee mobility.
Amendment 261 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall ensure that the parties, their legal representatives, court officials, witnesses, experts and any other person participating in the legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret, or who has access to documents which form part of those legal proceedings, shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access, provided that the concerned trade secret has been identified and that the relevant information has been proved as being confidential by the competent judicial authority after consultation of both parties.
Amendment 275 #
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 submitted by the parties or third parties, in whole or in part, provided that both parties involved or their representative have access to them;
Amendment 280 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point c
Article 8 – paragraph 2 – subparagraph 2 – point c
(c) to make publicly available a non- confidential version of any judicial decision, in which the passages containing information defined as trade secrets have been removdacted.
Amendment 282 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 286 #
Proposal for a directive
Article 9
Article 9
Amendment 297 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 9, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves thatthe matter involved qualifies as a trade secret exists, that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully, that the trade secret is being unlawfully used or disclosed, or that an unlawful acquisition, use or disclosure of the trade secret is imminent.
Amendment 302 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 305 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 307 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 312 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) a declaration of infringementunlawful acquisition, disclosure or use;
Amendment 313 #
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) depriving the infringingunlawful goods of their infringing quality quality that derived from the use of the trade secret;
Amendment 326 #
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 infringerperson who has unlawfully acquired, disclosed or use a trade secret, 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 as a result of the unlawful acquisition, disclosure or use of the trade secret.
Amendment 328 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, disclosure or use of a trade secret of the employer. This option also applies when unlawful acquisition, disclosure and use of trade secrets occurs after the employment of an employee has terminated.