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Directive On The Protection Of Trade Secrets
The Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure is a directive of the European Parliament and the European Council which was adopted by the European Council on 27 May 2016, following an agreement reached with the European Parliament on 15 December 2015,Council of the EUTrade secrets protection: Council adopts new directive Press Release 244/16, published 27 May 2016, accessed 12 May 2023 and amendment by the Parliament on 14 March 2016.European Commission accessed 3 July 2016 The aim of the directive is "to harmonise the existing diverging national laws ithin the EUon the protection against the misappropriation of trade secrets, so that companies can exploit and share their trade secrets with privileged business partners across the internal market, turning their innovative ideas into growth and jobs". EU member states were required to "bring into force the laws, r ...
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Trade Secret
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internation ...
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Directive (European Union)
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a ...
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European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts European legislation, following a proposal by the European Commission. The Parliament is composed of 705 members (MEPs). It represents the second-largest democratic electorate in the world (after the Parliament of India), with an electorate of 375 million eligible voters in 2009. Since 1979, the Parliament has been directly elected every five years by the citizens of the European Union through universal suffrage. Voter turnout in parliamentary elections decreased each time after 1979 until 2019, when voter turnout increased by eight percentage points, and rose above 50% for the first time since 1994. The voting age is 18 in all EU member states except for Malta and Austria, where it is 16, and Greece, where it is 17. Although the E ...
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European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the European Council, and the President of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in its meetings. Established as an informal summit in 1975, the European Council was formalised as an institution in 2009 upon the commencement of the Treaty of Lisbon. Its current president is Charles Michel, former Prime Minister of Belgium. Scope While the European Council has no legislative power, it is a strategic (and crisis-solving) body that provides the union with general political directions and priorities, and acts as a collective presidency. The European Commission remains the sole initiator of legislation, but the European Council is able to provide an impetus to guid ...
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Trade Secret
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internation ...
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Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ...
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German Law On The Protection Of Trade Secrets
The German Law on the Protection of Trade Secrets (German: ''Gesetz zum Schutz von Geschäftsgeheimnissen''), or Trade Secrets Law in short (German: ''GeschGehG''), serves to protect business secrets against unauthorized acquisition, use, and disclosure (§ 1 Abs. 1 Trade Secrets Law). The law implements the Directive (EU) 2016/943 on the Protection of Trade Secrets in German law. It replaces the right to secrecy, which was previously regulated in §§ 17-19 of the Act Against Unfair Competition. Legislative history On 21 March 2019, the Bundestag adopted the draft of The Law on the Protection of Trade Secrets. The Federal Council (German: ''Bundesrat'') approved the bill on 12 April 2019. On 18 April 2019, the Law was enacted as Article 1 of the Law transposing Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. Criticism of the bill of the Federal Government ...
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German Language
German ( ) is a West Germanic languages, West Germanic language mainly spoken in Central Europe. It is the most widely spoken and Official language, official or co-official language in Germany, Austria, Switzerland, Liechtenstein, and the Italy, Italian province of South Tyrol. It is also a co-official language of Luxembourg and German-speaking Community of Belgium, Belgium, as well as a national language in Namibia. Outside Germany, it is also spoken by German communities in France (Bas-Rhin), Czech Republic (North Bohemia), Poland (Upper Silesia), Slovakia (Bratislava Region), and Hungary (Sopron). German is most similar to other languages within the West Germanic language branch, including Afrikaans, Dutch language, Dutch, English language, English, the Frisian languages, Low German, Luxembourgish, Scots language, Scots, and Yiddish. It also contains close similarities in vocabulary to some languages in the North Germanic languages, North Germanic group, such as Danish lan ...
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German Law
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code ('' Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived fr ...
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European Union Directives
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (disambi ...
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Intellectual Property Law
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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