Comments of the Max Planck Institute for Innovation and Competition of 3 June 2014 on the Proposal of the European Commission for a Directive on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against their Unlawful Acquisition, Use and Disclosure of 28 November 2013, Com(2013) 813 Final

Abstract

The Max Planck Institute for Innovation and Competition is a research institute within the Max Planck Society. Its main purpose is to undertake basic research on legal and economic issues on intellectual property and competition law. One main focus of its activity is the study of European intellectual property and unfair competition law. The Institute regularly advises governmental bodies and parliaments, at both the national and the international level. The Institute hereby provides its comments on the European Commission’s Proposal for a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure of 28.11.2013, (COM) 813 final. All references in these Comments to the compromise proposal of the Council Presidency refer to the proposal of 19 May 2014 (Doc 9870/14).

Keywords: Trade Secret Protection, Know-how Protection, European Union Law, Harmonization, Directive on Trade Secrets, Unfair Competition Law, Intellectual Property, ROM II Regulation, International Private Law, TRIPS Agreement, Enforcement of Trade Secret Protection