13 Amendments of Daniel BUDA related to 2014/0402(COD)
Amendment 173 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall ensure, through the competent judicial authorities, that there shall be no entitlement to the application for the measures, procedures and remedies provided for in this Directive when, from the evidence taken during the judicial proceedings, the alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases:
Amendment 190 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) or the purpose of revealing an applicant’s or any other person’s misconduct, wrongdoing or illegal activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 219 #
Proposal for a directive
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) Obtaining, using and disclosing trade secrets shall also be deemed lawful to the extent that they are required or authorised by the national or EU law, or when such actions serve public interest.
Amendment 229 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall provide forregulate the measures, procedures and remedies necessary to ensure the availability of civil or, where appropriate, criminal redress against unlawful acquisition, use and disclosure of trade secrets.
Amendment 250 #
Proposal for a directive
Article 7
Article 7
Amendment 257 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall ensure, through the competent judicial authorities, 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 have been informed with regard to the obligation not 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 266 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2 – point a
Article 8 – paragraph 1 – subparagraph 2 – point a
(a) where in the course of the proceedings, by means of a final court judgment, the alleged trade secret is found not to fulfil the requirements set in point (1) of Article 2;
Amendment 273 #
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 partprovided that the right to fair trial and the right to defence are respected;
Amendment 278 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) to restrict public 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 representatives of the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1;
Amendment 281 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 309 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall ensure that, where a final judicial decision is taken finding an unlawful acquisition, use or disclosure of a trade secret, the competent judicial authorities may, at the request of the applicant order against the infringer:
Amendment 316 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that the measures referred to in in point (a) of Article 11(1) are revoked or otherwise cease to have effect, upon request of the respondent if in the meantime the information in question no longer fulfils the conditions of point (1) of Article 2 for reasons that cannot be attributed to the respondent.
Amendment 323 #
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. Damages may also be paid for a future prejudice if the occurrence of such prejudice is undoubted.