DG MARKT presented the proposal for a Directive on the protection of trade secrets against unlawful acquisition, use and disclosure, and the accompanying impact assessment. The proposal seeks to improve the protection of trade secret holders in the single market, which is currently fragmented by varied and uneven national legal regimes, by harmonising Member States' civil laws. This includes notably clarifying the basic concepts related to the definition and unlawful acquisition of trade secrets, and providing the necessary safeguards for the protection of interests of other parties, for example for avoiding abusive litigation and for guaranteeing confidentiality during litigation.
Members stressed the merits of the Commission's proposal, especially for SMEs and micro enterprises, and set out some areas for improvement that could be addressed, such as introducing explicit language on the principle of minimum harmonisation. They also underlined the need to balance the protection of trade secrets with the protection of whistle-blowers and workers working in R&D intensive industries; the importance of ensuring confidentiality during litigation; as well as the need to extend the prescription period.
Source : © European Union, 2014 - EP