6 Amendments of Krišjānis KARIŅŠ related to 2013/0402(COD)
Amendment 52 #
Proposal for a directive
Recital 1
Recital 1
(1) Businesses and non- commercial research institutions invest in acquiring, developing and applying know-how and information, which is the currency of the knowledge economy and gives a competitive advantage. This investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment, which is the underlying motivation for business research and development and determines their innovative performance. Businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments. Use of formal intellectual property rights such as patents, design rights or copyright is one of them. Another is to protect access to commercially valuable information and exploit the knowledge that is valuable to the entity and not widely known to the society as a whole. Such know-how and business information, that is undisclosed and intended to remain confidential is referred to as a trade secret. Businesses, irrespective of their size, value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool, covering a diversified range of information, which extends beyond technological knowledge to commercial data such as information on customers and suppliers, business plans or market research and strategies, either long-term or more short-lived. Especially small and medium-sized enterprises (SMEs) value and rely on trade secrets more, because the use of other formal intellectual property rights tend to be more expensive and SMEs often do not have sufficient specialized human or financial resources to record, manage and protect the intellectual property rights. By protecting such a wide range of know-how and confidential commercial information, whether as a complement or as an alternative to intellectual property rights, trade secrets allow the creator to derive profit from his/her creation and innovations and therefore are particularly important for research and development and innovative performance.
Amendment 54 #
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation 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 role 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. 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. Existing Union legal framework against unlawful acquisition, use or disclosure of trade secrets by third parties is fragmented in 28 different laws, which creates barriers to effective functioning of internal market, while also reducing the trust of representatives of businesses and consumers.
Amendment 58 #
Proposal for a directive
Recital 4
Recital 4
(4) International efforts taken in the framework of the World Trade Organisation to address this problem led to the conclusion of the Agreement on trade- related aspects of intellectual property (the TRIPS Agreement). It contains, inter alia, provisions on the protection of trade secrets against their unlawful acquisition, use or disclosure by third parties, which are common international standards. All Member States, as well as the Union itself, are bound by this Agreement which was approved by Council Decision 94/800/EC5. In order to protect trade secrets against misappropriation, some Member States have legislation in place, however some Member states have not defined trade secrets and does not have binding legislation against misappropriation of trade secrets, which creates gaps and barriers to effectively functioning internal market. __________________ 5 Council Decision of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p.1).
Amendment 79 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The increased use of web online services to conduct business and research, storing more confidential data in virtual storage places, increased use of e- commerce and the digitalization as a whole calls for a harmonized legislation across the Union, which will protect misappropriated use of trade secrets, which in turn will ensure trust and protection among businesses and consumers and will promote the formation of the Digital Single Market, which is one of the fundaments of effectively functioning internal market.
Amendment 110 #
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 secret and has an economic benefit to it, which turns the secret into a competitive advantage;
Amendment 141 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) any other conduct which, under the circumstances, is considered contrary to honest commercial practices, for example, espionage, surveillance, infiltration.