Proposal for a Directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure

Author (Corporate)
Series Title
Series Details (2013) 813 final (28.11.13)
Publication Date 28/11/2013
Content Type

Europe is strong on science and innovation and it has the potential to become a global leader. Striving for science quality is not just the aim of researchers, but provides important public and private returns. Nevertheless, overall research and development (R&D) within the EU is not sufficiently driven by businesses when compared to some major trading partners, in particular the US and Japan. Sub-optimal business investment in R&D adversely impacts on the introduction of new products, processes, services and known-how.

It is therefore desirable to improve the conditions for innovative business activity. As part of its wider Europe 2020 strategy, the Commission has undertaken to create an Innovation Union, protecting investments in the knowledge base, reducing costly fragmentation, and making Europe a more rewarding place for innovation.

An environment conducive to innovation should in particular encourage higher levels of investment in R&D by the private sector, through more extensive, including cross-border, collaboration in R&D and technological developments between universities and industry, open innovation and allowing for improved valuation of intellectual property (IP) such that access to venture capital and financing is enhanced for research-oriented and innovative economic agents. Attaining such goals exclusively on a national level is not sufficient and would lead to inefficient duplication of effort in the Union.

While the development and management of knowledge and information have become ever more central to the performance of the EU economy, the exposure of valuable undisclosed know-how and information (trade secrets) to theft, espionage or other misappropriation techniques has and continues to increase (globalisation, outsourcing, longer supply chains, increased use of ICT, etc.).

The risk also increases that stolen trade secrets are used in third countries to produce infringing goods which subsequently compete within the EU with those of the victim of the misappropriation. However, the current diversity and fragmentation of the legal framework on the protection of trade secrets against their unlawful acquisition, use or disclosure is impairing cross-border R&D and the circulation of innovative knowledge by undermining the capacity of European companies to respond to dishonest attacks on their know-how.

Optimisation of the IP infrastructure is one important pillar of the Innovation Union and, in that context, the Commission adopted in May 2011 a comprehensive IP strategy, undertaking to examine the protection of trade secrets. This proposal is one further deliverable on the commitment of creating a single market for intellectual property.

Source Link http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:813:FIN
Related Links
EUR-Lex: COM(2013)813: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:813:FIN
EUR-Lex: SWD(2013)471: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:471:FIN
EUR-Lex: SWD(2013)472: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:472:FIN
EUR-Lex: SWD(2013)493: Implementation plan http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:493:FIN
ESO: Background information: Commission proposes rules to help protect against the theft of confidential business information http://www.europeansources.info/record/press-release-commission-proposes-rules-to-help-protect-against-the-theft-of-confidential-business-information/

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