European Parliament and Council Directive (EU) 2016/943

2016 years 6 month 8 day

Protect undisclosed know-how and business information (Trade secret) Illegal acquisition, Use and disclosure (with EEA Relevant text)

The European Parliament and the Council of the EU, Take into account "Treaty on the Functioning of the European Union" , Especially in the 114 article, Taking into account the recommendations of the European Commission, After submitting draft legislative bills to national parliaments, Taking into account the European Economic and Social Committee (1) opinion, According to the ordinary legislative process (2) act,

whereas:

(1) Corporate and non-commercial research institutions invest in access, Developing and applying proprietary technology and information is the currency of the knowledge economy, Provides a competitive advantage. This investment in generating and applying intellectual capital is a determinant of its competitiveness and innovation-related performance in the marketplace, Thereby increasing the potential incentive to invest in business research and development. Companies can adopt different approaches in situations where openness does not allow for full exploitation, Appropriately leverage the results of their innovation-related activities and their investments in research and innovation. The use of intellectual property, Design rights or Copyrights are one way to do this. Another way to leverage innovation is to protect access to and exploitation of knowledge that is valuable and not widely known to the entity. Such valuable know-how and business information (Undisclosed and intended to remain secret) They're called trade secrets.

(2) Whatever the size, Companies value trade secrets as highly as patents and other forms of intellectual property. They use confidentiality as a management tool for business competitiveness and research innovation, And data related to information ranging from technical knowledge to business knowledge, Such as customer and supplier information, Business plan, Market research and strategy. Small medium-sized enterprises (SME) More emphasis and reliance on trade secrets. By protecting such a wide range

2016 years 6 month 15 Official Journal of the European Union L 157/1

(1) OJ C 2262014 years 7 month 16 day, The first 48 page.

(2) 2016 years 4 month 14 The position of the European Parliament (Has not yet been published in an official journal) and 5 month 27 The decision of the board of Governors 2016 Know-how and business information, Either as a supplement or substitute for intellectual property rights, Trade secrets allow creators and innovators to profit from their creations or innovations, Therefore, Innovation-related performance is particularly important for corporate competitiveness and research and development.

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