9 Amendments of Alessandra MORETTI related to 2013/0402(COD)
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 42 #
Proposal for a directive
Recital 12
Recital 12
(12) The smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents incompatible with the objectives of this Directive. Therefore, it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications. It is also important that measures and remedies provided for should not restrict the freedom of expression and information (which encompasses media freedom and pluralism as reflected in Article 11 of the Charter of Fundamental Rights of the European Union) or whistleblowing activity. Therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed. Lawful use of freedom of expression and information must be interpreted with particular regard for the specific context and the nature of the information disclosed.
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 92 #
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 with intentionally or with gross negligence by:
Amendment 104 #
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, with intentionally or with gross negligence, by a person who is found to meet any of the following conditions:
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 204 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 – introductory part
Article 12 – paragraph 3 – subparagraph 1 – introductory part
Member States shall provide that, at the request of the person liable to be subject toarties involved in case of application of the measures provided for in Article 11, the competent judicial authority may order pecuniary compensation to be paid to the injured party instead of applying those measures if all the following conditions are met: