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Protecting businesses' trade secrets

Εν συντομία 05-04-2016

On 15 December 2015, Parliament and Council negotiators reached a provisional agreement on a new EU directive setting common rules for protecting trade secrets and confidential information in the EU. On 28 January 2016, the Legal Affairs Committee (rapporteur Constance Le Grip, EPP, France) endorsed the agreed text, which is now to be voted by Parliament as a whole.

This paper forms part of a series of analytical pieces on various key tax issues, prepared by Policy Department A at the request of the TAXE Special Committee of the European Parliament. It deals with the need for information exchange between sovereign states on tax-related issues, which is increasing rapidly. In this vein, the Organisation for Economic Co-operation and Development (OECD) and the EU have developed better instruments of information exchange. The OECD has enlarged the scope of Articles ...

Overcoming Transatlantic differences on intellectual property

Λεπτομερής ανάλυση 10-07-2014

Recent studies demonstrate the important contribution of intellectual property rights (IPR) to the American and EU economies. The differences between the respective IPR systems are comparatively small, yet seen as hard to overcome. The negotiation of the EU-US Transatlantic Trade and Investment Partnership (TTIP) may present the opportunity for a step change in EU-US relations in respect of IPR.

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying its proposal for a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (COM (2013) 813), which was adopted on 28 November 2013. It does not attempt to deal with the substance of the proposals and is drafted for informational and background purposes to assist ...

Trade Secrets

Λεπτομερής ανάλυση 15-04-2014

This document provides an analysis of the nature of a trade secret, its legal protection and the European Commission's recent proposal. While protection is afforded under several jurisdictions, such as EU law, international law, criminal law, civil law, labour law or simply tort law, no uniform instrument exists. As case law is very important for that kind of a relatively new concept, some examples from jurisprudence are provided.