36 Amendments of Adam GIEREK related to 2013/0402(COD)
Amendment 105 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘trade secret’ means informationall proprietary production- and market-related information held by firms which meets all of the following requirements:
Amendment 106 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normallytaken as a whole, as a new item of marketable value, accessible to persons within the circles that directly or indirectly, depending on their links with the market, deal with the kind of information in question;
Amendment 108 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) has commercial value because it is secis a set of information which is not, but could potentially be, covered by intellectual property rights, but which, before it is registered and becomes the subject of official patents, industrial designs and copyright, cannot be deemed equivalent thereto;
Amendment 112 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) has been subject to reasonable stepofficial registration, with a general description of what it covers uander the circumstances, by the person lawfully other steps required to keep it secret, by the person legally established as being in control of the information, to keep it secret.
Amendment 114 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
(ca) taken as a whole, as a compilation of known solutions, it can constitute a new qualitatively unique production and market structure;
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'trade secret holder' means any natural or legal person lawfullyregistered market operator legally established as being in controlling of a trade secret;
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘infringer’ means any natural or legal person who has unlawfully acquired,market operator who, either directly or through a third party, has gained access to a specific trade secret and has used it or disclosed trade secrets;it to the commercial detriment of the secret’s holder.
Amendment 117 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 122 #
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 secretits holder shall be considered unlawful whenever carried out intentionally or with gross negligence byre there is:
Amendment 127 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) unauthorisedlawful access to or copy of any documents, objects, materials, substances orand electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from whichlegally established control of the trade secret can be deducedholder;
Amendment 138 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) breach or inducement to breach a confidentialityn agreement or any other duty to maintain secrecconfidentiality;
Amendment 139 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 142 #
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use orUnauthorised 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 conditionstake place where, without the consent of its holder, a legal or natural person who has had access to trade documentation belonging to the firm or to other proprietary sources intentionally or as a result of gross negligence:
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) has acquired theand used a specific trade secret unlawfully;
Amendment 147 #
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) is in breach of a confidentiality agreement or any other duty to maintain secrecy of the trade secretthe limits and other terms established by a legal agreement to maintain confidentiality;
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The uUse or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of use or disclosure, knew or should, under the circumstances, have known that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully within the meaningbe taken to have started at the time when a natural person or market operator first made unauthorised use of it ofn the pmaragraph 3ket.
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 160 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The acquisition of trade secrets shall not be considered lawful when obtained by any of the following meansto cover information obtained as a result of:
Amendment 161 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) independent discovery or creationtechnological discoveries and designs or independent manufacture of goods with properties that are identical or similar to those placed on the market by trade secret holders;
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) observation, study, disassembly or test of a product or object that has been made available to the public or that it is lawfully in the possession of the acquirer of the informationa natural person or market operator with access to independent technological discoveries and designs and goods manufactured on the basis thereof;
Amendment 186 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) for the purpowhere a claimed infringement of a trade secret concerns, by chance, part or all of a set of protecting a legitimate interestinformation obtained independently or where that information is the subject of a patent, copyright, industrial design or trade mark of a company.
Amendment 218 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that the competent judicial authorities may, at the requeswhere there is proof of infringement of thea trade secret holder, order any of the following interim and precautionary measures against the alleged infringer:
Amendment 219 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the cessation of or, as the case may be, the prohibition of the use or disclosurthe use of the trade secret on and interim basists disclosure;
Amendment 220 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the prohibition to produce, offer, place on the market or use infringing goods, or, import, export or store infringing goods for those purposes;
Amendment 221 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 230 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall ensure that the interim measurcompetent judicial authorities areferred to in Article 9 are revoked or otherwise cease to have effect, upon request of able to take interim measures, once a court has found that trade rights have been infringed and once the court’s decision is final and binding, to stop further damage being suffered by the applicant and to secure appropriate compensation from the respondent, if:.
Amendment 231 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
Amendment 233 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
Amendment 235 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall ensure that the competent judicial authorities may make the interim measures referred to in Article 9 subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the respondent and, where appropriate, by any other person affected by the measuresInterim measures concerning securities and assurances shall not be applied before a court has found unequivocally that a trade secret has been illegally infringed and established the date of the infringement.
Amendment 239 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the cessation of or, as the case may be, the prohibition of the use or disclosure of the trade secretthe use of the trade secret from the date on which the judicial decision becomes final and binding, and depriving infringing goods placed on the market of the qualities that can demonstrate that the infringement took place;
Amendment 240 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) the prohibition to produce, offer, place onwithdrawal from the market or usef infringing goods, or import, export or store infringing goods for those purposes within six months of the date on which the judicial decision becomes final and binding;
Amendment 242 #
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the adoption of the appropriate corrective measures with regard to the infringing goodinjunctions concerning compensation for market losses.
Amendment 256 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
When the competent authorities limit the duration of the measure referred to in point (a) of Article 11(1), such duration shall be sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition, disclosure or use of the trade secret.
Amendment 259 #
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 265 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
c) pecuniary compensation to the injured party appears reasonably satisfactory. When pecuniary compensation is ordered instead of the order referred to in Article 11(1), such pecuniary compensation shall not exceed the amount of any royalties or fees which would have been calculated on the basis of established criteria, had the accused requested authorisation to use the trade secret in question for the period preceding the judicial decision on the infringement of that secret.