Activities of Jytte GUTELAND related to 2014/0402(COD)
Legal basis opinions (0)
Amendments (6)
Amendment 192 #
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, wrongdoing or illegal activity, provided that the alleged acquisition, use or disclosure of what the claimant believes in good faithe trade secret was necessary for such revelation and that the respondent acted in the public interesto be a misconduct, wrongdoing or illegal activity;
Amendment 202 #
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 accordance with Union and national law and practices;
Amendment 221 #
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 interest, including the protection of human health, animal welfare and the environment.
Amendment 258 #
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 may also allow competent judicial authorities to take such measures on their own initiative.
Amendment 284 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. When deciding on the granting or the rejection of the application referred to in paragraph 2measures for preservation of a trade secret and assessing itstheir proportionality, the competent judicial authorities shall take into account the legitimate interests of the parties and, where appropriate of third parties, and any potential harm for either of the parties, and where appropriate third parties, resulting from the granting or rejection of such application.
Amendment 324 #
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 infringer 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. 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, use or disclosure of a trade secret of the employer. This option also applies when unlawful acquisition, use and disclosure of trade secrets occurs after the employment of an employee has terminated.