Copyright is used by the chemical industry to protect its novel creation for example a formulation but also for scientific articles or reports. Cefic welcomes the overall objective of the Commission to modernize copyright rules to fit digitalization and cross—border activities. We have some suggestions to improve the Commission’s proposal for a Directive.
As a major user of the patent system, the European chemical industry believes that enhancing a strong, comprehensive and workable system of patent legislation in Europe and globally is necessary.
The adoption at the end of 2012 of the EU unitary patent by 25 Member States and the signature of the agreement on the unified patent court by almost all of them in early 2013 are achievements of major importance for chemical companies, particularly small- and medium-sized enterprises. This gives the right signal to companies to innovate. Now it is time to move forward quickly for implementation.
Trade Secrets (TS)
Chemical companies rely greatly on TS, either as a complement to patents and other IP rights such as trademarks and design or on their own for protecting innovation know-how and confidential business information.
As mentioned in a Cefic paper, the potential loss of turnover in case of misappropriation of given TS of a company is, on average, 30%. This percentage could go up to 80-100% when TS are the foundation of the product differentiation or the manufacturing process of a company in a given market.
Cefic welcomes the adoption by the European Institutions of the Directive on the protection of TS from misappropriation and misuse by third parties and encourage member state to implement the Directive well in time.
Climate change, Trade Secrets (TS) & Intellectual Property (IP)
The chemical industry believes that TS & IP are indispensable in promoting technology- supporting actions against climate change. Measures to prevent climate change should avoid creating additional burdens or legal uncertainty for TS & IP owners, and should not undermine their essential role. Therefore, international negotiations should not result in an erosion of these rights.