Activities of Dennis de JONG related to 2013/0402(COD)
Plenary speeches (1)
Protection of trade secrets against their unlawful acquisition, use and disclosure (debate) NL
Amendments (12)
Amendment 16 #
Proposal for a directive
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The Committee on Internal Market and Consumer Protection calls on the Committee on Legal Affairs, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 20 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Information that may qualify as trade secret may also be of direct importance to society as a whole, for example, in the field of health, environmental and food safety policies, and access to this type of information for public institutions should not be hampered by the mere fact of this type of information being classified as ´trade secret´. Similarly, special provision must be made for the protection of whistle-blowers, on which subject new EU-legislation remains essential.
Amendment 24 #
Proposal for a directive
Recital 2
Recital 2
(2) Open iInnovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important rolebest promoted in an open environment. The role of open software for the development of additional, more targeted software applications, is a good example in this respect. Trade secrets may, however, have a role to play in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation, if an open environment is not sustainable. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third parties.
Amendment 40 #
Proposal for a directive
Recital 11
Recital 11
(11) In line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation without jeopardising other objectives and principles of public interest. In this respect, the measures and remedies ensure that competent judicial authorities account for the value of a trade secret, the seriousness of the conduct resulting in the unlawful acquisition, use disclosure of such information on grounds relating to public health, public order, public safety or the fundamental rights and freedoms of others. In this respect, the measures and remedies ensure that competent judicial authorities weigh all interests at stake, including the value of a trade secret, the impact of the disclosure for the businesses concerned on the one hand and the public interests calling for disclosure ofn the trade secret as well as the impact of such conductother hand. It should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation, as well as the interests of third parties including, where appropriate, consumers.
Amendment 44 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) This Directive should not limit the ability of public authorities to carry out their regulatory functions. Therefore this directive should provide for a general exemption regarding information necessary for public authorities to fulfil their legal obligations as supervisors. This is important in sectors such as the chemical industry, where public authorities need access to information on chemicals in products, in the food sector, where public authorities need access to information to toxicological studies, and in any other sector where public authorities rely on information that could be considered to contain trade secrets.
Amendment 54 #
Proposal for a directive
Recital 20
Recital 20
Amendment 56 #
Proposal for a directive
Recital 22
Recital 22
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimatwhenever the alleged acquisition, use or disclosure to the trade use ofcret is protected by the right to freedom of expression and information;
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) for the purpose of protecting a public health, public order (ordre public), public safety or the fundamental rights and freedoms of others, or any other legitimate interest.
Amendment 200 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall ensure that, in considering a request for the adoption of the injunctions and corrective measures provided for in Article 11 and assessing their proportionality, the competent judicial authorities weigh all interests at stake, into accountcluding the value of thea trade secret, the measures taken to protect the trade secret, the conduct of the infringer in acquiring, disclosing or using of the trade secret, the impact of the unlawfulimpact of the disclosure for the businesses concerned on the one hand and the public interests calling for disclosure or usn the of the trade secret,r hand, and in particular the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties, the legitimate interests of third parties, the public interest and the safeguard of fundamental rights, including freedom of expression and information.
Amendment 218 #
Proposal for a directive
Article 14
Article 14
Amendment 223 #
Proposal for a directive
Article 16
Article 16