Activities of Dario TAMBURRANO 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 (11)
Amendment 83 #
Proposal for a directive
Recital 14
Recital 14
(14) The prospect of losing the confidentiality of a trade secret during litigation procedures often deters legitimate trade secret holders from instituting proceedings to defend their trade secrets, thus jeopardising the effectiveness of the measures and remedies provided for. For this reason, it is necessary to establish, subject to a balance between appropriate safeguards ensuring the right to a fair trial, and specific requirements aimed at protecting the confidentiality of the litigated trade secret in the course of legal proceedings instituted for its defence. These should include the possibility to restrict access to evidence or hearings for persons not connected with the parties, or to publish only the non- confidential elements of judicial decisions. Such protection should remain in force after the legal proceedings have ended for as long as the information covered by the trade secret is not in the public domain.
Amendment 201 #
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.
Amendment 210 #
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 each of the parties, their lawyers or representatives in the proceedings, their experts, and court officials have been given full access to that document;
Amendment 212 #
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 may be disclosed, and their corresponding records or transcript. In exceptional circumstances, and subject to appropriate justification, 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 legal, provided that each of the parties, their lawyers or representatives ofin the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1roceedings, their experts, and court officials have been given full access to those hearings, records, or transcripts;
Amendment 232 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the applicant does not institute proceedings leading to a decision on the merits of the case before the competent judicial authority, within a reasonable period determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer, commencing on the date of the ruling by the judicial authority;
Amendment 238 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall ensure that, where a judicial decision is taken finding an unlawful acquisition, use or disclosure of a trade secret has become final, the competent judicial authorities may, at the request of the applicant order against the infringer:
Amendment 241 #
Proposal for a directive
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(ba) the destruction of all or some of the physical or electronic media in which the trade secret is stored or, where appropriate, the delivery up to the trade secret holder of those media;
Amendment 246 #
Proposal for a directive
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) destructionwithdrawal of the infringing goods or, where appropriate, their withdrawal fromfrom the market and their distribution to charitable organisations under conditions to be laid down by the judicial authorities in order to ensure that the goods in question do not re-enter the market, provide and that such action does not undermine the protection of the trade secret in question;
Amendment 247 #
Proposal for a directive
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) as a last resort, destruction of the goods;
Amendment 250 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 251 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
When considering a request for corrective measures, the seriousness of the infringement, the remedies to be imposed, and the interests of third parties shall be brought into an appropriate relationship as determined by the principle of proportionality.