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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
A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for KFC Original Recipe, Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, Non-disclosure agreement, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret Misappropriation of assets, misappropriation happens, the trade secret holder ...
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Directive (European Union)
A directive is a legal act of the European Union that requires Member state of the European Union, member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. 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 European Union legislative procedure, 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 European Commission, Commission after consultation with its own and national experts. The draft is presented to the European Parliament, Parliament and the Council of the European Union, Council—composed of relevant min ...
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European Parliament
The European Parliament (EP) is one of the two 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 720 members (MEPs), after the June 2024 European elections, from a previous 705 MEPs. It represents the second-largest democratic electorate in the world (after the Parliament of India), with an electorate of around 375 million eligible voters in 2024. 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 e ...
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European Council
The European Council (informally EUCO) is a collegiate body (directorial system) and a symbolic collective head of state, that defines the overall political direction and general priorities of the European Union (EU). It is composed of the heads of state or Head of government, of government of the Member state of the European Union, 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 Coming into force, commencement of the Treaty of Lisbon. Its current president is António Costa, former Prime Minister of Portugal, prime minister of Portugal. 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 pr ...
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Trade Secret
A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for KFC Original Recipe, Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, Non-disclosure agreement, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret Misappropriation of assets, misappropriation happens, the trade secret holder ...
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European Single Market
The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, Norway (through the Agreement on the European Economic Area), and Switzerland (through sectoral treaties). The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow. Any potential EU accession candidates are required to agree to association agreements with the EU during the negotiation, which must be implemented prior to accession. In addition, through three individual agreements on a Deep and Comprehensive Free Trade Area (DCFTA) with the EU, Georgia, Moldova, and Ukraine have also been granted limited access to the single mar ...
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Good Faith
In human interactions, good faith () 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 , 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, (duplicity) and perfidy (pretense). is a Latin phrase meaning "good faith". Its ablative case is , meaning "in good faith", which is often used in English as an adjective to mean "genuine". While may be translated as "faith", it embraces a range of meanings within a core concept of "reliability", in the sense of a trust between two parties for the potentiality of a relationship. For the ancient Romans, ''bona fides'' was to be assumed by both sides, with implied responsibilities and both legal and religious consequences if bro ...
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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 language in the Indo-European language family, mainly spoken in Western Europe, Western and Central Europe. It is the majority and Official language, official (or co-official) language in Germany, Austria, Switzerland, and Liechtenstein. It is also an official language of Luxembourg, German-speaking Community of Belgium, Belgium and the Italian autonomous province of South Tyrol, as well as a recognized national language in Namibia. There are also notable German-speaking communities in other parts of Europe, including: Poland (Upper Silesia), the Czech Republic (North Bohemia), Denmark (South Jutland County, North Schleswig), Slovakia (Krahule), Germans of Romania, Romania, Hungary (Sopron), and France (European Collectivity of Alsace, Alsace). Overseas, sizeable communities of German-speakers are found in the Americas. German is one of the global language system, major languages of the world, with nearly 80 million native speakers and over 130 mi ...
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German Law
The law of Germany (), that being the modern German legal system (), 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 Justinian Code the Corpus Juris Civilis, and to a lesser extent the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from the Salic Law of the Salian Franks and oth ...
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European Union Directives
European, or Europeans, 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 ** European Union citizenship ** 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 (other) * The Eu ...
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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 most 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. Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide ...
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