14 Amendments of Daniel BUDA related to 2013/0402(COD)
Amendment 53 #
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret. For this purpose, it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information and know-how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality. Such information and know-how must be secret in nature, they must have actual or potential commercial value, and their protection must not be contrary to public interest. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question.
Amendment 68 #
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 appropriate safeguards ensuring the right to a fair trial, 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 public access to evidence or hearings, or to publish only 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 98 #
Proposal for a directive
Article 2 – 1 – introductory part
Article 2 – 1 – introductory part
(1) ‘trade secret’ means informationcommercial, technological and any other kind of information, including know-how, which meets all of the following requirements:
Amendment 101 #
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
(b) has actual or potential commercial value because it is secret;
Amendment 106 #
Proposal for a directive
Article 2 – point 1 – point c a (new)
Article 2 – point 1 – point c a (new)
(ca) its protection against disclosure is not contrary to public interest;
Amendment 110 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘trade secret holder’ means any natural and/or legal person lawfully controlling a trade secret;
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘infringer’ means any natural and/or legal person who has unlawfully acquired, used or disclosed trade secrets;
Amendment 114 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘infringing goods’ means goods whose design, quality, features, manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired, used or disclosed.
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure thatguarantee the right of trade secret holders are entitled to apply for the measures, procedures and remedies provided for in this Directive in order to prevent, or obtain redress for, the unlawful acquisition, use or disclosure of a trade secret.
Amendment 121 #
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 intentionally or with gross negligence by:
Amendment 129 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) ) unauthorised access to or copy of any, multiplication or copy of, or any similar action in relation to documents, objects, materials, substances or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced;
Amendment 133 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) breach or, inducement or complicity to breach a confidentiality agreement or any other duty to maintain secrecy;
Amendment 138 #
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, intentionally or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 144 #
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) is in breach of a contractual or any other duty to limprohibit the use of the trade secret for any other purposes than those expressly set out by the trade secret holder.