Directive (EU) 2016/943 — protection of undisclosed know-how and business information (trade secrets)

1. ["Section 3", "Measures resulting from a decision on the merits of the case", "Article 15"]

   Publication of judicial decisions

   Publication of judicial decisions 1. Member States shall ensure that, in legal proceedings instituted for the unlawful acquisition, use or disclosure of a…

2. ["CHAPTER IV", "Sanctions, reporting and final provisions", "Article 20"]

   Entry into force

   Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

3. ["CHAPTER I", "Subject matter and scope", "Article 2"]

   Definitions

   Definitions For the purposes of this Directive, the following definitions apply: (1) ‘trade secret’ means information which meets all of the following…

4. ["Section 1", "General provisions", "Article 9"]

   Preservation of confidentiality of trade secrets in the course of legal proceedings

   Preservation of confidentiality of trade secrets in the course of legal proceedings 1. Member States shall ensure that the parties, their lawyers or other…

5. ["CHAPTER IV", "Sanctions, reporting and final provisions", "Article 17"]

   Exchange of information and correspondents

   Exchange of information and correspondents For the purpose of promoting cooperation, including the exchange of information, among Member States and between…

6. ["CHAPTER II", "Acquisition, use and disclosure of trade secrets", "Article 3"]

   Lawful acquisition, use and disclosure of trade secrets

   Lawful acquisition, use and disclosure of trade secrets 1. The acquisition of a trade secret shall be considered lawful when the trade secret is obtained by…

7. ["Section 2", "Provisional and precautionary measures", "Article 11"]

   Conditions of application and safeguards

   Conditions of application and safeguards 1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in…

8. ["Section 1", "General provisions", "Article 6"]

   General obligation

   General obligation 1. Member States shall provide for the measures, procedures and remedies necessary to ensure the availability of civil redress against the…

9. ["Section 2", "Provisional and precautionary measures", "Article 10"]

   Provisional and precautionary measures

   — Article 10 — Provisional and precautionary measures 1. Member States shall ensure that the competent judicial authorities may, at the request of the trade…

10. ["Section 3", "Measures resulting from a decision on the merits of the case", "Article 12"]

    Injunctions and corrective measures

    Injunctions and corrective measures 1. Member States shall ensure that, where a judicial decision taken on the merits of the case finds that there has been…

11. ["Section 1", "General provisions", "Article 7"]

    Proportionality and abuse of process

    Proportionality and abuse of process 1. The measures, procedures and remedies provided for in this Directive shall be applied in a manner that: (a) is…

12. ["Section 3", "Measures resulting from a decision on the merits of the case", "Article 14"]

    Damages

    Damages 1. Member States shall ensure that the competent judicial authorities, upon the request of the injured party, order an infringer who knew or ought to…

13. ["CHAPTER IV", "Sanctions, reporting and final provisions", "Article 16"]

    Sanctions for non-compliance with this Directive

    Sanctions for non-compliance with this Directive Member States shall ensure that the competent judicial authorities may impose sanctions on any person who…

14. ["CHAPTER II", "Acquisition, use and disclosure of trade secrets", "Article 4"]

    Unlawful acquisition, use and disclosure of trade secrets

    Unlawful acquisition, use and disclosure of trade secrets 1. Member States shall ensure that trade secret holders are entitled to apply for the measures…

15. ["CHAPTER IV", "Sanctions, reporting and final provisions", "Article 21"]

    Addressees

    Addressees This Directive is addressed to the Member States.

16. ["CHAPTER II", "Acquisition, use and disclosure of trade secrets", "Article 5"]

    Exceptions

    Exceptions Member States shall ensure that an application for the measures, procedures and remedies provided for in this Directive is dismissed where the…

17. ["CHAPTER IV", "Sanctions, reporting and final provisions", "Article 19"]

    Transposition

    Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 June…

18. ["Section 1", "General provisions", "Article 8"]

    Limitation period

    Limitation period 1. Member States shall, in accordance with this Article, lay down rules on the limitation periods applicable to substantive claims and…

19. ["CHAPTER IV", "Sanctions, reporting and final provisions", "Article 18"]

    Reports

    Reports 1. By 9 June 2021, the European Union Intellectual Property Office, in the context of the activities of the European Observatory on Infringements of…

20. ["CHAPTER I", "Subject matter and scope", "Article 1"]

    Subject matter and scope

    — Article 1 — Subject matter and scope 1. This Directive lays down rules on the protection against the unlawful acquisition, use and disclosure of trade…

21. ["Section 3", "Measures resulting from a decision on the merits of the case", "Article 13"]

    Conditions of application, safeguards and alternative measures

    Conditions of application, safeguards and alternative measures 1. Member States shall ensure that, in considering an application for the adoption of the…

22. ["Section 3", "Measures resulting from a decision on the merits of the case", "Article 12"]

    Injunctions and corrective measures

    Injunctions and corrective measures 4. The competent judicial authorities shall order that the measures referred to in points (c) and (d) of paragraph 1 be…

23. ["CHAPTER I", "Subject matter and scope", "Article 1"]

    Subject matter and scope

    — Article 1 — Subject matter and scope (3) is ensured. 2. This Directive shall not affect: (a) the exercise of the right to freedom of expression and…

24. ["Section 1", "General provisions", "Article 9"]

    Preservation of confidentiality of trade secrets in the course of legal proceedings

    Preservation of confidentiality of trade secrets in the course of legal proceedings 2. Member States shall also ensure that the competent judicial authorities…

25. ["Section 2", "Provisional and precautionary measures", "Article 11"]

    Conditions of application and safeguards

    Conditions of application and safeguards 3. Member States shall ensure that the measures referred to in Article 10 are revoked or otherwise cease to have…

26. ["CHAPTER II", "Acquisition, use and disclosure of trade secrets", "Article 4"]

    Unlawful acquisition, use and disclosure of trade secrets

    Unlawful acquisition, use and disclosure of trade secrets 5. The production, offering or placing on the market of infringing goods, or the importation, export…

27. ["Section 1", "General provisions", "Article 9"]

    Preservation of confidentiality of trade secrets in the course of legal proceedings

    Preservation of confidentiality of trade secrets in the course of legal proceedings 3. When deciding on the measures referred to in paragraph 2 and assessing…

28. ["Section 2", "Provisional and precautionary measures", "Article 11"]

    Conditions of application and safeguards

    Conditions of application and safeguards (1) of Article 2, for reasons that cannot be attributed to the respondent. 4. Member States shall ensure that the…

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