9 Amendments of Emil RADEV related to 2014/0402(COD)
Amendment 185 #
Proposal for a directive
Article 4 – paragraph 2 – point а
Article 4 – paragraph 2 – point а
a) for making legitimate and fair use of the right to freedom of expression and information;
Amendment 207 #
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 functions; in this case, the representatives must not use or disclose the acquired information constituting a trade secret, except in the cases envisaged for this purpose;
Amendment 228 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The acquisition, use and disclosure of trade secrets shall be deemed lawful insofar as this is required by national or Union law. Information which is publicly available or subject to public disclosure in accordance with national or Union law shall not be deemed a trade secret.
Amendment 237 #
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 thatcan, at the request of the respondent, apply appropriate measures provided for by national law if 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, sor for abusive ends. Such competent judicial authorities shall be entitled to take the following measures:
Amendment 242 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point а a (new)
Article 6 – paragraph 2 – subparagraph 1 – point а a (new)
aa) to award compensation for the damages suffered by the respondent;
Amendment 243 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 249 #
Proposal for a directive
Article 7
Article 7
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 onthree years but not more than twosix 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 253 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
The national provisions of each Member State shall apply to the suspension and interruption of the limitation period.
Amendment 259 #
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. Member States shall ensure that the trade secret holder is given an opportunity at the start of the legal proceedings to notify the court of the information which is subject to some of the restrictions on provision and whose disclosure may endanger the economic interests or reputation of the parties or of a third party. The court shall determine whether the claim has merit.