BETA

Activities of Axel VOSS related to 2014/0402(COD)

Legal basis opinions (0)

Amendments (12)

Amendment 177 #
Proposal for a directive
Article 4 – paragraph 2 – point a
a) for making legitimate use of the right to freedom of expression and information;deleted
2015/03/26
Committee: JURI
Amendment 187 #
Proposal for a directive
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 the trade secret was necessary for such revelation and that the respondent acted in the public interest;deleted
2015/03/26
Committee: JURI
Amendment 206 #
Proposal for a directive
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, provided that such disclosure was absolutely necessary for the exercise of these representative functions;
2015/03/26
Committee: JURI
Amendment 213 #
Proposal for a directive
Article 4 – paragraph 2 – point d
d) for the purpose of fulfilling a non- contractulegal obligation;
2015/03/26
Committee: JURI
Amendment 218 #
Proposal for a directive
Article 4 – paragraph 2 – point e
e) for the purpose of protecting a legitimate interest that is recognised by European or national law.
2015/03/26
Committee: JURI
Amendment 238 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Member States shallmay ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition, disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent, such competent judicial authorities shall be entitled to take the following measures:
2015/03/26
Committee: JURI
Amendment 255 #
Proposal for a directive
Article 8 – title
Preservation of confidentiality of trade secrets in the course of legal proceedings and administrative proceedings
2015/03/26
Committee: JURI
Amendment 260 #
Proposal for a directive
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 or administrative 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 or administrative 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.
2015/03/26
Committee: JURI
Amendment 269 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Member States shall also ensure that the competent judicial authorities may, on a duly reasoned application by a party, take specific measures necessary to preserve the confidentiality of any trade secret or alleged trade secret used or referred to in the course of the legal proceedings or administrative proceedings relating to the unlawful acquisition, use or disclosure of a trade secret.
2015/03/26
Committee: JURI
Amendment 304 #
Proposal for a directive
Article 10 – paragraph 3 – point a
a) the applicant does not institute proceedings leading to a decision on the merits of the case before the competent judicial authority, within a reasonable period determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer;
2015/03/26
Committee: JURI
Amendment 331 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
When setting the damages, the competent judicial authorities shall take into account all appropriate factors, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the mornon-material prejudice caused to the trade secret holder by the unlawful acquisition, use or disclosure of the trade secret.
2015/03/26
Committee: JURI
Amendment 332 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
However, the competent judicial authorities may also, in appropriate cases, set the damages as a lump sum on the basis of elements such as, at a minimum, the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the trade secret in question.deleted
2015/03/26
Committee: JURI