Uit de CCBE position paper: "The significant differences in the legal protection of trade secrets provided for by the EU-Member States imply that trade secrets do not enjoy an equivalent level of protection throughout the European Union; this fragmentation actually leads to legal uncertainty and negative effects to the functioning of the Internal Market. The CCBE, therefore, agrees with the Commission that it seems to be appropriate to approximate the national legal rules in order to ensure a sufficient and consistent level of protection of trade secrets throughout the European Union. Overall, the proposal seems to be well balanced bearing in mind that on the one hand an adequate level of protection of trade secrets against unlawful misappropriation is an indispensable precondition for further innovation and the development of innovative business models but that on the other hand too strict and too far-reaching rules on the protection of trade secrets also could negatively effect innovation and competition.
Furthermore, the procedural rules for proceedings in connection with the alleged misappropriation of trade secrets shall provide a sufficient level of preservation of trade secrets in the course of any such proceedings in order not to deter the owner of trade secrets to start legal proceedings; but at the same time, the procedural rules shall fully respect the rights of all parties involved to a fair trial.
However, the CCBE is concerned that some of the rules proposed by the Commission do not sufficiently take into account of lawyers‘ position within the administration of justice and contradict the principle of fair trial. The duty of loyalty to the client includes the obligation to promptly, conscientiously and diligently advise and represent the client and to keep the client informed as to the progress of the matter with which the lawyer has been entrusted (cp. CCBE Code of Conduct, art 3.1.2). The principle of fair trial requires (among others) that all and any information relevant for the court decision must be disclosed to all parties involved in the proceedings in order to allow them to properly defend their rights. [...]"
Lees de CCBE position paper hier.
