13 Amendments of Sergio Gaetano COFFERATI related to 2014/0402(COD)
Amendment 180 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimatopportune use of the right to freedom of expression and information, as guaranteed by the Charter of Fundamental Rights of the European Union;
Amendment 186 #
Proposal for a directive
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) where disclosure is clearly in the general public interest;
Amendment 189 #
Proposal for a directive
Article 4 – paragraph 2 – point b
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;
Amendment 198 #
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) disclosure of the information by a public administration was requested or made necessary according to their mandate, as required or allowed by national or Union law;
Amendment 231 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and worker mobility in the internal market.
Amendment 241 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) provide for compensation for economic damage and losses incurred, if any;
Amendment 272 #
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 part, provided that at least one person from each of the parties, their legal representatives and court officials are given full access to the document;
Amendment 296 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 9, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves, with a sufficient degree of certainty, that a trade secret exists, that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully, that the trade secret is being unlawfully used or disclosed, or that an unlawful acquisition, use or disclosure of the trade secret is imminent.
Amendment 317 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 – introductory part
Article 12 – paragraph 3 – subparagraph 1 – introductory part
Member States shall provide that, at the request of the person liable to be subject toone of the parties, in the event of the measures provided for in Article 11 being applied, the competent judicial authority may order pecuniary compensation to be paid to the injured party instead of applying those measures if all the following conditions are met:
Amendment 322 #
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 as a result of the infringement.
Amendment 329 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret, provided that it was carried out unintentionally.
Amendment 330 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
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 moral prejudice caused to the trade secret holder by the unlawful acquisition, use or disclosure of the trade secret.
Amendment 339 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By XX XX 20XX [four years after the end of the transposition period], the Commission shall draw up an intermediate report on the application of this Directive, including with regards to the potential effects thereof on fundamental rights, worker mobility and possible further improvements in relation to cooperation and innovation, and submit it to the European Parliament and the Council. This report shall take due account of the report prepared by the European Observatory on Infringements of Intellectual Property Rights.