What Protection for Trade Secrets in the European Union? CEIPI's Observations on the Proposal for a Directive on the Protection of Undisclosed Know-How and Business Information

2015 ◽  
Author(s):  
Jean Lapousterle ◽  
Christophe Geiger ◽  
Norbert Olszak
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

This chapter deals with the legal protection of trade secrets. Traditionally, trade secret protection was left to the national laws of Member States. These national regimes are rooted firmly in existing legal rules in the areas of unfair competition, tort, or breach of confidence. And there is also the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure”. The Directive seeks to impose on Member States a minimal form of harmonization and uniformity. It does not impose a (Community) right in relation to a trade secret, but it works with a common basic definition of a trade secret, the principle that there needs to be redress for the unlawful acquisition, use, or disclosure of a trade secret, and a catalogue of measures and remedies.


2018 ◽  
Vol 25 (1) ◽  
pp. 156-178
Author(s):  
Catherine Charrett

Why and how do political leaders and bureaucrats miss opportunities or make mistakes? This article explores the pressures to conform and to perform that direct securitising decisions and practices. It begins with the assertion that the European Union missed an opportunity to engage with Hamas after the movement’s participation and success in transparent and democratically legitimated elections, and instead promoted a politics of increased securitisation. The securitisation of Hamas worked against the European Union’s own stated aims of state-building and democratisation, and increased the resistance image of Hamas. This article investigates the rituals that shaped this decision, arguing that punitive and conforming dynamics implicated the knowing of the event. Performance studies and anthropology observe how rituals let participants know how to behave in a given situation, and they performatively constitute a social reality through the appearance of normalcy or harmony. Hamas was reproduced as threat through the European Union’s compulsion to repeat a policy of conditionality, which was performative of Hamas’s ability to respond diplomatically to its own securitisation. First, at a discursive level, rituals simplify or reduce the complexity of an event by allowing participants to respond to new issues through existing regimes of intelligibility. Second, at a practice level, rituals impose an imperative to perform within the workplace, which limits the possibility for dissent or for challenging hierarchy within the institution. This investigation relies on elite interviews with senior Hamas representatives conducted in Gaza, and interviews with European Union representatives who were involved in monitoring the elections and enacting a response to Hamas’s success.


2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Gregor Omahen

In 2018 Slovenia adopted the new ordinance where the requirements of the Council of the European Union 2013/59 Euratom on radon were taken into account (2LIT). As the new ordinance requires systematic survey of radon concentrations in public institutions and dwellings in Slovenia, Ministry of Health announced two tenders for the radon surveys in 2018 and 2019. Zavod za varstvo pri delu (ZVD) successfully competed on both tenders. The tenders required measurements of radon concentrations in public institutions, mainly schools and kindergartens and in private dwellings every year in 24 municipalities which were recognised as radon prone areas. Besides these measurements ZVD as the authorised organisation measured radon concentration in companies all over Slovenia and private dwellings where owners wanted to know how high the radon concentration is and if some actions are required to lower it. The radon concentrations were measured with track etched detectors. The results of the survey are presented in the article as well as the difficulties we encountered during sending track etched detectors to people.


2009 ◽  
Vol 5 ◽  
pp. 83-85
Author(s):  
Krystian Sowislok

The development of information society has become one of the main tasks undertaken by bothnational and local authorities as well as by institutions responsible for the development of entrepreneurship. Relevant projects are financed by the European Union. Prime Minister DonaldTusk mentioned this subject in his expose and emphasized the importance of knowledge andinformation society in the economic development of Poland. For us, teachers, it is important to know how can we help to increase the entrepreneurshipof young people, and encourage them and provide with opportunities to use moderntechnologies. Information technology in the education should not be limited to IT classes inthe computer lab. The Internet resources can be used for all classes, especially entrepreneurshipclasses. More attention should be paid to skills essential when our students looking for a joband when they decide to start their own businesses. This paper comprises reflections on implementation of information technology in the task of developing the youth’s entrepreneurshipand an attempt on answering the question from the title.


Author(s):  
Andrew Geddes

The European Union’s responses to migration have been powerfully influenced by understandings and representations of the potential for large-scale and potentially uncontrollable migration flows. These have had important effects on repertoires of migration governance and on what actors know how to do, as well as on their social expectations about role. A key conclusion is that while migration crises catch attention, it the understandings and representations of the normality of migration that have shaped European and EU migration governance. This normality is closely linked to concern about uncontrollable flows that have shaped EU cooperation since the end of the Cold War.


Author(s):  
Paul L. C. Torremans

Trade secrets have traditionally been protected in various ways by national laws in the European Union. The international intellectual property treaties offered only a limited common core. From this starting point this article examines the new EU draft directive on trade secrets. The aim is not to put in place a comprehensive EU regime for the protection of trade secrets. There will only be a partial harmonisation of the national laws of the Member States, focussing on the unlawful acquisition, disclosure and use of trade secrets, and that harmonization will be of a minimalist nature in the sense that Member States may provide, in compliance with the provisions of the Treaty, for more far-reaching protection against the unlawful acquisition, use or disclosure of trade secrets than that required in the Directive.


Ekonomika ◽  
2015 ◽  
Vol 94 (1) ◽  
pp. 157-162
Author(s):  
Reviewed by Daiva Raziūnienė

Not only the competitive and dynamic but also the complex and challenging business environment of the world and the European Union markets triggers the need to easily measure and comprehend the available business information as well as to communicate it in a clear manner. The language of business is most commonly the language of numbers, the skillful command of which is based on the fundamental principles of informatikon gathering, processing, perception, and use. [...]


2017 ◽  
pp. 93-118
Author(s):  
Helena Szewczyk

The regulations of new Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure provide employers as the holders of trade secrets with a higher level of legal protection. Employers will have protective measures against the disclosure of employer's secrets at their disposal, which are laid down in Labour Code and in Unfair Competition Act. This Directive stipulates that data constituting the trade secret are not widely known or easily accessible to people who work in a given trade and process this type of information on a daily basis. This secret may constitute every confidential piece of information that the employer considers to have any, even potential, commercial value. However, the domestic law still does not provide a sufficient level of protection of employers-whistle blowers, that is people who inform about irregularities in the company. Therefore, the introduction of special legal protection of whistle blowers will be an absolute innovation. To that end, the legislator should state in the labour law the boundaries of protection of whistle blowers who act in good faith, having regard to public interest protection and employer’s interests.


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