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Being unable to take them prisoner, these soldiers then took the proprietors of that farm the husband and wife , and after subjecting them to numerous atrocities knifing, rape, et cetera they shot them down with submachine guns. Then they took the son of these victims who was only three years of age, and, after having frightfully tortured him, they crucified him on the gate of the farmhouse".

The reference to the "Mongolians" were to Asians serving in the Red Army who been captured by the Wehrmacht and joined either the German Army's Ostlegionen or the SS; the French called all these men "Mongols" regardless if they were Mongols or not. The Milice was especially hated by the Resistance and captured miliciens could expect little mercy. One maquisard fighting in the Haute-Savoie wrote in his diary about the fate of a milicien taken prisoner in July Made to saw wood in the hot sun wearing a pullover and jacket. Made to drink warm salted water. Covered with blows from fists and bayonets.

Made to dig his gave. Made to lie in it. Finished off with a blow in the stomach from a spade. Two days to die". The rejection of the "Force C" plan had not reached many of the maquis leaders operating out in the countryside and after the news of D-Day, the maquis attempted to seize "redoubts", most notably at the Vercors plateau. By this point the Germans had taken such heavy losses on the Eastern Front that they needed the manpower of the Ostlegionen to compensate. De Gaulle disapproved of the truce as he used the uprising to order on 22 August General Philippe Leclerc 's 2nd Armored Division to liberate Paris, stating he did not want the Communists to liberate the city.

As various cities, towns and villages were liberated in France, the Resistance was usually the most organized force that took over. Each town and village still celebrates a different day, the gaps between them marking advances that often looked bogged down, pockets of German defense that often turned out to be unexpectedly tough. It proved the bitterest of ends to a bitter war. Besides for attempting to establish a government, the Resistance took its revenge on collaborators who were often beaten or killed in extrajudicial executions.

They are lads from the mining areas It is understandable that they should now want to beat them up". In the aftermath of the Liberation, the SOE agents were all ordered out of France as the Anglophobic de Gaulle wished to maintain a version of history where the SOE never existed and the Resistance was entirely a French affair. The French Resistance involved men and women representing a broad range of ages, social classes, occupations, religions and political affiliations. In , one resistance leader claimed that the movement received support from four groups: Resistance leader Emmanuel d'Astier de La Vigerie observed, in retrospect, that the Resistance had been composed of social outcasts or those on the fringes of society, saying "one could be a resister only if one was maladjusted".

The question of how many were active in the Resistance has been raised. The post-war government of France officially recognised , men and women. The doctrine of Gaullism was born during the Second World War as a French movement of patriotic resistance to the German invasion of He asked, in his Appeal of 18 June , that every patriot who could reach British territory should do so and join the Free French Army to fight in company with the Allies.

His approval of this link between the Resistance and the colonials legitimised it. De Gaulle's influence grew in France, and by one resistance leader called him "the only possible leader for the France that fights". The Allies helped build networks of propagandists, spies and saboteurs to harass and discomfit the occupiers. Eventually, leaders of all of these separate and fragmented Resistance organizations were gathered and coordinated by Jean Moulin under the auspices of the National Council of Resistance CNR , de Gaulle's formal link to the irregulars throughout occupied France.

During the Italian campaign of , , Free French soldiers fought on the Allied side and, by the time of the Normandy invasion , Free French forces numbered approximately half a million regulars and more than , French Forces of the Interior FFI. The division played a critical role in Operation Cobra , the Allies' "breakout" from its Normandy beachhead, where it served as a link between American and Canadian armies and made rapid progress against German forces.

The 2nd Armored all but destroyed the 9th Panzer Division and mauled several other German units as well. During the battle for Normandy this German division lost killed, wounded and 85 missing. The most celebrated moment in the unit's history involved the liberation of Paris. Allied strategy emphasized destroying German forces retreating towards the Rhine , but when the French Resistance under Colonel Rol staged an uprising in the city, Charles de Gaulle pleaded with General Eisenhower to send help.

Eisenhower agreed, and Leclerc's forces headed toward Paris. After hard fighting that cost the 2nd Division 35 tanks, 6 self-propelled guns and vehicles, Dietrich von Choltitz , the military governor of Paris, surrendered the city in a ceremony at the Hotel Meurice. Jubilant crowds greeted the French forces, and de Gaulle led a renowned victory parade through the city.

De Gaulle not only kept the patriotic resistance alive; he also did everything possible to re-establish the French claim to independence and sovereignty. As a leader, the American and British governments preferred the less popular, but less abrasively vindictive, General Giraud to de Gaulle, but for the French population de Gaulle was almost universally recognised as the true leader in their victory. These events forced Roosevelt to recognise, finally and fully, the provisional government installed in France by de Gaulle.

The military strength of the communists was still relatively feeble at the end of , but the rapid growth of the Francs-Tireurs et Partisans FTP , a radical armed movement, ensured that French communists regained their reputation as an effective anti-fascist force.

Towards the end of the occupation the PCF reached the height of its influence, controlling large areas of France through the Resistance units under its command. Some in the PCF wanted to launch a revolution as the Germans withdrew from the country, [] but the leadership, acting on Stalin's instructions, opposed this and adopted a policy of cooperating with the Allied powers and advocating a new Popular Front government.

The publication opposed both fascism and western imperialism, and 12 issues were distributed from July through July Many well-known intellectual and artistic figures were attracted to the Communist party during the war, including the artist Pablo Picasso and the writer and philosopher Jean-Paul Sartre. A number of them formed the Union of Russian Patriots , which adopted pro-Soviet positions and collaborated closely with the French Communist Party. The same thing was created by Jean-Baptiste Lebas in the Nord-Pas-de-Calais administratively joined with Belgium in January , along the lines of a prior network created in September In Algeria , left-wing networks of resistance were already formed.

As the Riom trial began in , the fervour and the number of socialists in the Resistance grew. Despite some differences in their positions on certain issues, these organizations were united in their opposition to parliamentarism , [] a stance that had led them to participate in demonstrations, most notably the "political disturbance" riots of 6 February These efforts continued until La Cagoule could be infiltrated and dismantled in But the powerful appeal of French nationalism drove others to engage in resistance against occupying German forces.

Sometimes contact with others in the Resistance led some operatives to adopt new political philosophies. In contrast, many extreme right-wing members of the Resistance, such as Gabriel Jeantet and Jacques Le Roy Ladurie , never renounced their tolerant attitudes towards Vichy. The Affiche Rouge red placard was a famous propaganda poster distributed by the Vichy French and German authorities in the spring of in occupied Paris.

It was intended to discredit a group of 23 Franc-Tireurs known as the " Manouchian group ". The poster emphasised the composition of the group's membership, many of whom were Jews and communists, to discredit the Resistance as not "French" enough in its fundamental allegiance and motivations. The Statute on Jews , which legally redefined French Jews as a non-French lower class , deprived them of citizenship.

That legislation was spontaneous and autonomous. They distributed millions of dollars from the American Joint Distribution Committee to relief organisations and fighting units within France. The Armenian community of France played an active role in the Resistance.

Armenian-French writer Louise Aslanian — , another French Resistance activist, was arrested among with her husband Arpiar Aslanian on July 24th, , taken to the Nazi concentration camps [] by Nazis and killed in Many of Louise's manuscripts and diaries were confiscated and destroyed by Nazis. Georgians living in France and the French colonies and people of Georgian ethnicity played an active and symbolic role in the French resistance. Col was one of the 66 French recipients of the Norwegian War Cross and was also posthumously awarded the Legion of Honour.

He led his troops by example and died in combat during the Second Battle of El Alamein in October Upon return to his homeland, he was imprisoned by Soviet authorities on charges of high treason but two commanders of the French Resistance testified for his commitment in the fight against Nazi Germany.

Although inequalities persisted under the Third Republic , the cultural changes that followed the First World War allowed differences in the treatment of men and women in France to narrow gradually, [] with some women assuming political responsibilities as early as the s. Mothers of France, our native land, yours is the most difficult task but also the most gratifying. You are, even before the state, the true educators. You alone know how to inspire in all [our youth] the inclination for work, the sense of discipline, the modesty, the respect, that give men character and make nations strong.

Suzanne Hiltermann-Souloumiac played an important role in the Dutch-Paris movement, specialised in rescuing allied pilots. Marie-Madeleine Fourcade , the only female leader in the Resistance, [ citation needed ] headed the Alliance network. In this context, it is customary to distinguish the various organisations of the French Resistance as movements or networks.

A Resistance network was an organisation created for a specific military purpose, usually intelligence-gathering, sabotage or aiding Allied air crews who had been shot down behind enemy lines. In July , after the defeat of the French armies and the consequent armistice with Germany , British prime minister Winston Churchill asked the Free French government-in-exile headed by General Charles de Gaulle to set up a secret service agency in occupied France to counter the threat of a German operation code-named Operation Sea Lion , the expected cross- channel invasion of Britain.

Its principal goal was to inform London of German military operations on the Atlantic coast and in the English Channel. He was betrayed, arrested in May , and shot on 29 August Both networks proved vital later in the war. Another BCRA appendage was called Gallia , a fact-gathering network specialising in military intelligence and police activities. Its importance increased throughout the second half of and into the spring of It eventually became the largest BCRA network in the Vichy zone, employing about 2, sources, contacts, couriers and analysts.

Gallia's work did not stop after the landings in Normandy and Provence; it provided information to the Allies that allowed for the bombing of the retreating German armies' military targets. Dutch-Paris built an important network in France to help resistants, Jews and allied pilots to cross the Pyrenees and flee to Britain. Near the end of the war, because of a denunciation, nearly all members of the network were caught and deported to concentration camps, where many died. Following their defeat in the Spanish Civil War in early , about half a million Spanish Republicans fled to France to escape imprisonment or execution.

Many Spanish escapees joined French Resistance groups; others formed their own autonomous groups which became known as the Spanish maquis. In April , Spanish communists formed an organisation called the XIV Corps, an armed guerrilla movement of about 3, combatants by June Spanish soldiers ultimately advocating the fall of General Francisco Franco. Others, like Antoine Diederich , rose to high rank in the Resistance. Diederich, known only as "Capitaine Baptiste", had 77 maquis soldiers under his command and is best known for attacking Riom prison, where he and his fighters freed every one of inmates who had been sentenced to death.

They had gone to Paris in the s and s to escape repression in their homeland. Many joined the Resistance, where they were particularly active in the regions of Lyon , Grenoble , Marseille and Toulouse. The Germans executed nearly 1, Jewish resisters of different nationalities during the occupation, while others were killed in action. On 3 March , representatives of the Italian Communist Party and Italian Socialist Party who had taken refuge in France, signed the "Pact of Lyon" which marked the beginning of their participation in the Resistance.

While not part of the French Resistance, French-speaking Cajun soldiers in the United States military posed as local civilians in France to channel American assistance to the Resistance. From to , the first years of the German occupation of France, there was no systematically organised Resistance capable of coordinated fighting throughout France. Active opposition to the German and Vichy authorities was sporadic, and carried out only by a tiny and fragmented set of operatives. The earliest Resistance organisations had no contact with the western Allies, and received no material aid from London or anywhere else.

Consequently, most focused on generating nationalist propaganda through the distribution of underground newspapers. Even after they became more intensively activist, propaganda and the cultivation of positive morale remained, until the very end of the war, their most important concerns. Early acts of violent resistance were often motivated more by instinct and fighting spirit than by any formal ideology, [] but later several distinct political alignments and visions of post-liberation France developed among the Resistance organisations. These differences sometimes resulted in conflicts, but the differences among Resistance factions were usually papered over by their shared opposition to Vichy and the Germans; [] and over time, the various elements of the Resistance began to unite.

Many of the networks recruited and controlled by the British and Americans were not perceived by the French as particularly interested in establishing a united or integrated Resistance operation, and the guerrilla groups controlled by the communists were only slightly more attracted by the idea of joining of a Resistance "umbrella" organisation.

Nonetheless, a contact between de Gaulle's envoys and the communists was established at the end of The liberation of Corsica in September , a clear demonstration of the strength of communist insurgency, was accomplished by the FTP, an effective force not yet integrated into the Secret Army and not involved with General Henri Giraud , the Free French or the political unification of the Resistance. The French Resistance began to unify in Formal consolidation was accomplished through the intervention of Jean Moulin.

In this context, he had forged a strong network of relationships in anti-fascist circles. Some time after November , the idea of teaming up with his former colleague, Gaston Cusin , to identify and contact a number of potential Resistance "centres of influence" occurred to him; but only during the summer of was he able to make the most critical contacts, including contact with Henri Frenay, leader of the movement not yet called Combat but still known as the National Liberation Movement.

He also established contact with de Menthon and Emmanuel d'Astier. In the report he wrote for de Gaulle, he spoke of these three movements and entertained the possibility of bringing them together under the acronym "LLL". The Maquis French pronunciation: Initially, they were composed of men who had escaped into the mountains to avoid conscription into Vichy France 's Service du travail obligatoire STO to provide forced labor for Nazi Germany.

To avert capture and deportation to Germany, they became increasingly organized into non-active resistance groups. The first action of many Resistance movements was the publication and distribution of clandestine press material. Most clandestine newspapers were not consistent in their editorial stance and often consisted of only a single sheet, because the sale of all raw materials —- paper, ink, stencils —- was prohibited.

By , however, about , copies of underground publications reached around two million readers. Resistance workers used friendly print-shop facilities at night. Staff risked the Germans noticing that a resistance newspaper used the same type face as officially sanctioned documents. Profession-specific newspapers also existed.

La Terre advised farmers on how to send food to resistance members. Bulletin des Chemins de Fer encouraged railroad workers to sabotage German transportation. Unter Uns "Among Us" , published in German for the occupiers, printed stories of German defeats on the eastern front. This was followed by their first tract, Vichy fait la guerre 'Vichy wages war' , written by Cassou. The novel Le Silence de la Mer "The Silence of the Sea" , by Jean Bruller , quickly became a symbol of mental resistance through its story of how an old man and his niece refused to speak to the German officer occupying their house.

The intelligence networks were by far the most numerous and substantial of Resistance activities. They collected information of military value, such as coastal fortifications of the Atlantic Wall or Wehrmacht deployments. The BCRA and the different British intelligence services often competed with one another to gather the most valuable information from their Resistance networks in France. The first agents of the Free French to arrive from Britain landed on the coast of Brittany as early as July The various Resistance movements in France had to understand the value of intelligence networks in order to be recognized or receive subsidies from the BCRA or the British.

Information from such services was often used as a bargaining chip to qualify for airdrops of weapons. The transmission of information was first done by radio transmitter. Later, when air links by the Westland Lysander became more frequent, some information was also channeled through these couriers. By , the BCRA was receiving 1, telegrams by radio every day and 2, plans every week. Their dangerous work gave them an average life expectancy of around six months.

Not only were the operators few and inept, but their information was dangerous. Sabotage was a form of resistance adopted by groups who wanted to go beyond just distributing clandestine press publications. Many laboratories were set up to manufacture explosives.

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In the southern occupation zone, Jacques Renouvin engaged in the same activities on behalf of groups of francs-tireurs. Stealing dynamite from the Germans eventually took preference over handcrafting explosives. The British Special Operations Executive also parachuted tons of explosives to its agents in France for essential sabotage missions. Train-derailment strategies varied considerably in their effectiveness. Among the SNCF employees who joined the resistance, a subset were in Resistance-Fer which focused on reporting the movement of German troops to the Allied forces and sabotaging the railways' rolling stock as well as their infrastructure.

Following the invasions of Normandy and Provence in , the sabotage of rail transport became much more frequent and effectively prevented some German troop deployments to the front and hindered the subsequent retreat of German occupying forces. Generally, the sabotage of equipment leaving armaments factories and derailment in areas where equipment could not readily be salvaged was a more discreet form of resistance, and probably at least as effective as bombing. Sabotage by resistants freed up vulnerable and expensive aircraft for other uses rather than risk heavy losses by attacking heavily defended targets.

It was also preferred since it caused less collateral damage and fewer civilian casualties than Allied bombing.


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After the invasion of the Soviet Union in June , communists engaged in guerrilla warfare , attacking German forces in French cities. In July , the Allies' failure to open a second front resulted in a wave of communist guerrilla attacks aimed at maximizing the number of Germans deployed in the West to give the USSR military relief. As a result, the clandestine press was very discreet about the events and the communists soon decided to discontinue the assassinations.

From July to October , groups in Paris engaging in attacks against occupying soldiers were better organized. Joseph Epstein was assigned responsibility for training Resistance fighters across the city, and his new commandos of fifteen men perpetrated a number of attacks that could not have been carried out before. The commandos were drawn from the foreign branch of the Francs-Tireurs et Partisans , and the most famous of them was the Manouchian Group. Defining the precise role of the French Resistance during the German occupation , or assessing its military importance alongside the Allied Forces during the liberation of France, is difficult.

The two forms of resistance, active and passive, [] and the north-south occupational divide, [] allow for many different interpretations, but what can broadly be agreed on is a synopsis of the events which took place. Following the surrender of Fascist Italy in September , a significant example of Resistance strength was displayed when the Corsican Resistance joined forces with the Free French to liberate the island from General Albert Kesselring 's remaining German forces. Several color-coded plans were co-ordinated for sabotage, most importantly Plan Vert Green for railways, Plan Bleu Blue for power installations and Plan Violet Purple for telecommunications.

The Liberation of Paris on August 25, , with the support of Leclerc 's French 2nd Armored Division , was one of the most famous and glorious moments of the French Resistance. The liberation of most of southwestern, central and southeastern France was finally fulfilled with the arrival of the 1st French Army of General de Lattre de Tassigny , which landed in Provence in August and was backed by over 25, maquis. One source often referred to is General Dwight D.

Eisenhower 's comment in his military memoir, Crusade in Europe:. Throughout France, the Free French had been of inestimable value in the campaign. They were particularly active in Brittany, but on every portion of the front we secured help from them in a multitude of ways. Without their great assistance, the liberation of France and the defeat of the enemy in Western Europe would have consumed a much longer time and meant greater losses to ourselves. General Eisenhower also estimated the value of the Resistance to have been equal to ten to fifteen divisions at the time of the landings.

One infantry division comprised about ten thousand soldiers. Historians still debate how effective the French Resistance was militarily, [] but the neutralization of the Maquis du Vercors alone involved the commitment of over 10, German troops within the theater, with several more thousands held in reserve, as the Allied invasion was advancing from Normandy and French Operation Jedburgh commandos were being dropped nearby to the south to prepare for the Allied landing in Provence.

And it made the most cynical sit up and take notice when we learned from German field officers that the Germans in central France were truly terrified, had to live under arms, could not move freely, had lost all control in sizable sectors even before we came. It was a military fact that the French were worth at least a score of divisions to us, maybe more".

It is estimated that FFI killed some 2, Germans, a low estimate based on the figures from June only. In one case, as many as 77 milices members were summarily executed at once. A second inquest in separated out 8, executions of suspected collaborators and 1, summary executions for which the motive of killing was not known, giving a total of 10, executions.

Head-shaving as a form of humiliation and shaming was a common feature of the purges, [] and between 10, and 30, women accused of having collaborated with the Germans or having had relationships with German soldiers or officers were subjected to the practice, [] becoming known as les tondues the shorn. In coming to terms with the events of the occupation, several different attitudes have emerged in France, in an evolution the historian Henry Rousso has called the "Vichy Syndrome".

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It is now estimated that close to 30, Frenchmen of all political movements combined were shot, [] [] [] of whom only a few thousand were communists. The French Resistance has had a great influence on literature, particularly in France. A famous example is the poem "Strophes pour se souvenir" , which was written by the communist academic Louis Aragon in to commemorate the heroism of the Manouchian Group , whose 23 members were shot by the Nazis.

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In the immediate postwar years, French cinema produced a number of films that portrayed a France broadly present in the Resistance. In the s, a less heroic interpretation of the Resistance to the occupation gradually began to emerge. In this manner, in Is Paris Burning? The candid approach of the documentary The Sorrow and the Pity shone a spotlight on antisemitism in France and disputed the official Resistance ideals. In , Louis Malle 's Lacombe, Lucien caused scandal and polemic for his lack of moral judgment regarding the behavior of a collaborator.

The well-known personalities of France — intellectuals, artists, and entertainers — faced a serious dilemma in choosing to emigrate or to remain in France during the country's occupation. They understood that their post-war reputations would depend, in large part, on their conduct during the war years.

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Among prominent foreign figures who participated in the French Resistance was the political scientist and later Iranian Prime Minister Shapour Bakhtiar. After serving as the prime minister and strong man of the authoritarian Shah regime in Iran, he was forced back into Paris in the aftermath of the Islamic Revolution.

He was assassinated on order of the Iranian Islamic Republic in From Wikipedia, the free encyclopedia. Free France and Gaullism. This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. January Learn how and when to remove this template message. Women in the French Resistance. List of networks and movements of the French Resistance. List of people involved with the French Resistance. Fiona Freer, Writer, Historian, Speaker. Retrieved 25 October Holocaust Memorial Center Budapest.

The American-Israeli Cooperative Enterprise. Retrieved 6 March La bambina che guardava i treni partire. Biographical Dictionary of Dissidents in the Soviet Union, Archived from the original on November 6, Retrieved 27 May Archived from the original on The Rough Guide to Corsica. With an Introductory History. Wayne State University Press. The Battle for Spain: The Spanish Civil War — Berenbaum, Michael; Peck, Abraham J.

The Holocaust and History: The Known, the Unknown, the Disputed, and the Reexamined. Booth, Owen; Walton, John Brown Packaging Books Ltd. University of Missouri Press. Spaniards and Nazi Germany: Collaboration in the New Order. Un maquis d'antifascistes allemands en France — Les Presses du Languedoc. European Memories of the Second World War. Christofferson, Thomas; Christofferson, Michael France during World War II: From Defeat to Liberation.

Dictionnaire historique de la France sous l'occupation. Weitz, Margaret Collins Conan, Eric; Rousso, Henry Power and Prejudice in the Vichy France Regime. France and the Second World War: Occupation, Collaboration and Resistance. Women and the Second World War in France, — Duchen, Claire; Bandhauer-Schoffmann, Irene When the War Was over: Women, War and Peace in Europe, — Continuum International Publishing Group. Eisenhower, General Dwight D. Dictionary of the Holocaust: For the same reasons, it is also important to provide for definitive measures to prevent unlawful use or disclosure of a trade secret, including where it is used for the provision of services.

For such measures to be effective and proportionate, their duration, when circumstances require a limitation in time, should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition, use or disclosure of the trade secret.

In any event, no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent. It is possible that a trade secret could be used unlawfully to design, produce or market goods, or components thereof, which could be spread across the internal market, thus affecting the commercial interests of the trade secret holder and the functioning of the internal market. In such cases, and when the trade secret in question has a significant impact on the quality, value or price of the goods resulting from that unlawful use or on reducing the cost of, facilitating or speeding up their production or marketing processes, it is important to empower judicial authorities to order effective and appropriate measures with a view to ensuring that those goods are not put on the market or are withdrawn from it.

Considering the global nature of trade, it is also necessary that such measures include the prohibition of the importation of those goods into the Union or their storage for the purposes of offering or placing them on the market. Having regard to the principle of proportionality, corrective measures should not necessarily entail the destruction of the goods if other viable options are present, such as depriving the good of its infringing quality or the disposal of the goods outside the market, for example, by means of donations to charitable organisations.

A person could have originally acquired a trade secret in good faith, but only become aware at a later stage, including upon notice served by the original trade secret holder, that that person's knowledge of the trade secret in question derived from sources using or disclosing the relevant trade secret in an unlawful manner.

In order to avoid, under those circumstances, the corrective measures or injunctions provided for causing disproportionate harm to that person, Member States should provide for the possibility, in appropriate cases, of pecuniary compensation being awarded to the injured party as an alternative measure. Such compensation should not, however, exceed the amount of royalties or fees which would have been due had that person obtained authorisation to use the trade secret in question, for the period of time for which use of the trade secret could have been prevented by the original trade secret holder.

Nevertheless, where the unlawful use of the trade secret would constitute an infringement of law other than that provided for in this Directive or would be likely to harm consumers, such unlawful use should not be allowed. In order to avoid a person who knowingly, or with reasonable grounds for knowing, unlawfully acquires, uses or discloses a trade secret being able to benefit from such conduct, and to ensure that the injured trade secret holder, to the extent possible, is placed in the position in which he, she or it would have been had that conduct not taken place, it is necessary to provide for adequate compensation for the prejudice suffered as a result of that unlawful conduct.

The amount of damages awarded to the injured trade secret holder should take account of all appropriate factors, such as loss of earnings incurred by the trade secret holder or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the trade secret holder. As an alternative, for example where, considering the intangible nature of trade secrets, it would be difficult to determine the amount of the actual prejudice suffered, the amount of the damages might be derived from elements such as the royalties or fees which would have been due had the infringer requested authorisation to use the trade secret in question.

The aim of that alternative method is not to introduce an obligation to provide for punitive damages, but to ensure compensation based on an objective criterion while taking account of the expenses incurred by the trade secret holder, such as the costs of identification and research. This Directive should not prevent Member States from providing in their national law that the liability for damages of employees is restricted in cases where they have acted without intent. As a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions, including, where appropriate, through prominent advertising, in cases concerning the unlawful acquisition, use or disclosure of trade secrets, on the condition that such publication does not result in the disclosure of the trade secret or disproportionally affect the privacy and reputation of a natural person.

The effectiveness of the measures, procedures and remedies available to trade secret holders could be undermined in the event of non-compliance with the relevant decisions adopted by the competent judicial authorities. For this reason, it is necessary to ensure that those authorities enjoy the appropriate powers of sanction. In order to facilitate the uniform application of the measures, procedures and remedies provided for in this Directive, it is appropriate to provide for systems of cooperation and the exchange of information as between Member States on the one hand, and between the Member States and the Commission on the other, in particular by creating a network of correspondents designated by Member States.

In addition, in order to review whether those measures fulfil their intended objective, the Commission, assisted, as appropriate, by the European Union Intellectual Property Office, should examine the application of this Directive and the effectiveness of the national measures taken. This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter, notably the right to respect for private and family life, the right to protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, and in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial and the right of defence.

It is important that the rights to respect for private and family life and to protection of personal data of any person whose personal data may be processed by the trade secret holder when taking steps to protect a trade secret, or of any person involved in legal proceedings concerning the unlawful acquisition, use or disclosure of trade secrets under this Directive, and whose personal data are processed, be respected.

Since the objective of this Directive, namely to achieve a smooth-functioning internal market by means of the establishment of a sufficient and comparable level of redress across the internal market in the event of the unlawful acquisition, use or disclosure of a trade secret, cannot be sufficiently achieved by Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.

In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. This Directive does not aim to establish harmonised rules for judicial cooperation, jurisdiction, the recognition and enforcement of judgments in civil and commercial matters, or deal with applicable law. Other Union instruments which govern such matters in general terms should, in principle, remain equally applicable to the field covered by this Directive.

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The measures, procedures and remedies provided for in this Directive should not be used to restrict unduly competition in a manner contrary to the TFEU. This Directive should not affect the application of any other relevant law in other areas, including intellectual property rights and the law of contract.

Subject matter and scope. This Directive lays down rules on the protection against the unlawful acquisition, use and disclosure of trade secrets. Member States may, in compliance with the provisions of the TFEU, provide for more far-reaching protection against the unlawful acquisition, use or disclosure of trade secrets than that required by this Directive, provided that compliance with Articles 3, 5, 6, Article 7 1 , Article 8, the second subparagraph of Article 9 1 , Article 9 3 and 4 , Article 10 2 , Articles 11, 13 and Article 15 3 is ensured.

Nothing in this Directive shall be understood to offer any ground for restricting the mobility of employees. In particular, in relation to the exercise of such mobility, this Directive shall not offer any ground for:. Acquisition, use and disclosure of trade secrets. The acquisition of a trade secret shall be considered lawful when the trade secret is obtained by any of the following means:.

The acquisition, use or disclosure of a trade secret shall be considered lawful to the extent that such acquisition, use or disclosure is required or allowed by Union or national law. Member States shall ensure that trade secret holders are entitled to apply for the measures, procedures and remedies provided for in this Directive in order to prevent, or obtain redress for, the unlawful acquisition, use or disclosure of their trade secret.

The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful, whenever carried out by:. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions:. The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3.

The production, offering or placing on the market of infringing goods, or the importation, export or storage of infringing goods for those purposes, shall also be considered an unlawful use of a trade secret where the person carrying out such activities knew, or ought, under the circumstances, to have known that the trade secret was used unlawfully within the meaning of paragraph 3. Member States shall ensure that an application for the measures, procedures and remedies provided for in this Directive is dismissed where the alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases:.

Measures, procedures and remedies. Member States shall provide for the measures, procedures and remedies necessary to ensure the availability of civil redress against the unlawful acquisition, use and disclosure of trade secrets. The measures, procedures and remedies provided for in this Directive shall be applied in a manner that:. Member States shall ensure that competent judicial authorities may, upon the request of the respondent, apply appropriate measures as provided for in national law, where an application concerning the unlawful acquisition, use or disclosure of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings abusively or in bad faith.

Member States may provide that measures as referred to in the first subparagraph are dealt with in separate legal proceedings. Member States shall, in accordance with this Article, lay down rules on the limitation periods applicable to substantive claims and actions for the application of the measures, procedures and remedies provided for in this Directive.

The rules referred to in the first subparagraph shall determine when the limitation period begins to run, the duration of the limitation period and the circumstances under which the limitation period is interrupted or suspended. Preservation of confidentiality of trade secrets in the course of legal proceedings. Member States shall ensure that the parties, their lawyers or other representatives, court officials, witnesses, experts and any other person participating in legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret, or who has access to documents which form part of those legal proceedings, are not permitted to use or disclose any trade secret or alleged trade secret which the competent judicial authorities have, in response to a duly reasoned application by an interested party, identified as confidential and of which they have become aware as a result of such participation or access.

In that regard, Member States may also allow competent judicial authorities to act on their own initiative. The obligation referred to in the first subparagraph shall remain in force after the legal proceedings have ended. However, such obligation shall cease to exist in any of the following circumstances:. Member States shall also ensure that the competent judicial authorities may, on a duly reasoned application by a party, take specific measures necessary to preserve the confidentiality of any trade secret or alleged trade secret used or referred to in the course of legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret.

Member States may also allow competent judicial authorities to take such measures on their own initiative. The measures referred to in the first subparagraph shall at least include the possibility:. The number of persons referred to in points a and b of the second subparagraph shall be no greater than necessary in order to ensure compliance with the right of the parties to the legal proceedings to an effective remedy and to a fair trial, and shall include, at least, one natural person from each party and the respective lawyers or other representatives of those parties to the legal proceedings.

When deciding on the measures referred to in paragraph 2 and assessing their proportionality, the competent judicial authorities shall take into account the need to ensure the right to an effective remedy and to a fair trial, the legitimate interests of the parties and, where appropriate, of third parties, and any potential harm for either of the parties, and, where appropriate, for third parties, resulting from the granting or rejection of such measures. Provisional and precautionary measures. Member States shall ensure that the competent judicial authorities may, at the request of the trade secret holder, order any of the following provisional and precautionary measures against the alleged infringer:.

Member States shall ensure that the judicial authorities may, as an alternative to the measures referred to in paragraph 1, make the continuation of the alleged unlawful use of a trade secret subject to the lodging of guarantees intended to ensure the compensation of the trade secret holder. Disclosure of a trade secret in return for the lodging of guarantees shall not be allowed.


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Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 10, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves with a sufficient degree of certainty that:.

Member States shall ensure that in deciding on the granting or rejection of the application and assessing its proportionality, the competent judicial authorities shall be required to take into account the specific circumstances of the case, including, where appropriate:. Member States shall ensure that the measures referred to in Article 10 are revoked or otherwise cease to have effect, upon the request of the respondent, if:. Where the measures referred to in Article 10 are revoked on the basis of point a of paragraph 3 of this Article, where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no unlawful acquisition, use or disclosure of the trade secret or threat of such conduct, the competent judicial authorities shall have the authority to order the applicant, upon the request of the respondent or of an injured third party, to provide the respondent, or the injured third party, appropriate compensation for any injury caused by those measures.

Member States may provide that the request for compensation referred to in the first subparagraph is dealt with in separate legal proceedings. Measures resulting from a decision on the merits of the case. Member States shall ensure that, where a judicial decision taken on the merits of the case finds that there has been unlawful acquisition, use or disclosure of a trade secret, the competent judicial authorities may, at the request of the applicant, order one or more of the following measures against the infringer:. The corrective measures referred to in point c of paragraph 1 shall include:.

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Member States may provide that, when ordering the withdrawal of the infringing goods from the market, their competent judicial authorities may order, at the request of the trade secret holder, that the goods be delivered up to the holder or to charitable organisations.

The competent judicial authorities shall order that the measures referred to in points c and d of paragraph 1 be carried out at the expense of the infringer, unless there are particular reasons for not doing so. Those measures shall be without prejudice to any damages that may be due to the trade secret holder by reason of the unlawful acquisition, use or disclosure of the trade secret.

Member States shall ensure that, in considering an application for the adoption of the injunctions and corrective measures provided for in Article 12 and assessing their proportionality, the competent judicial authorities shall be required to take into account the specific circumstances of the case, including, where appropriate:. Member States shall ensure that the measures referred to in points a and b of Article 12 1 are revoked or otherwise cease to have effect, upon the request of the respondent, if the information in question no longer meets the requirements of point 1 of Article 2 for reasons that cannot be attributed directly or indirectly to the respondent.

Member States shall provide that, at the request of the person liable to be subject to the measures provided for in Article 12, the competent judicial authority may order pecuniary compensation to be paid to the injured party instead of applying those measures if all the following conditions are met:. Where pecuniary compensation is ordered instead of the measures referred to in points a and b of Article 12 1 , it shall not exceed the amount of royalties or fees which would have been due, had that person requested authorisation to use the trade secret in question, for the period of time for which use of the trade secret could have been prohibited.

Member States shall ensure that the competent judicial authorities, upon the request of the injured party, order an infringer who knew or ought to have known that he, she or it was engaging in unlawful acquisition, use or disclosure of a trade secret, to pay the trade secret holder damages appropriate to the actual prejudice suffered as a result of the unlawful acquisition, use or disclosure of the trade secret. Member States may limit the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret of the employer where they act without intent.

When setting the damages referred to in paragraph 1, the competent judicial authorities shall take into account all appropriate factors, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the trade secret holder by the unlawful acquisition, use or disclosure of the trade secret. Alternatively, the competent judicial authorities may, in appropriate cases, set the damages as a lump sum on the basis of elements such as, at a minimum, the amount of royalties or fees which would have been due had the infringer requested authorisation to use the trade secret in question.

Member States shall ensure that, in legal proceedings instituted for the unlawful acquisition, use or disclosure of a trade secret, the competent judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including publishing it in full or in part.

Any measure referred to in paragraph 1 of this Article shall preserve the confidentiality of trade secrets as provided for in Article 9. In deciding whether to order a measure referred to in paragraph 1 and when assessing its proportionality, the competent judicial authorities shall take into account, where appropriate, the value of the trade secret, the conduct of the infringer in acquiring, using or disclosing the trade secret, the impact of the unlawful use or disclosure of the trade secret, and the likelihood of further unlawful use or disclosure of the trade secret by the infringer.

The competent judicial authorities shall also take into account whether the information on the infringer would be such as to allow a natural person to be identified and, if so, whether publication of that information would be justified, in particular in the light of the possible harm that such measure may cause to the privacy and reputation of the infringer.

Sanctions, reporting and final provisions. Member States shall ensure that the competent judicial authorities may impose sanctions on any person who fails or refuses to comply with any measure adopted pursuant to Articles 9, 10 and The sanctions provided for shall include the possibility of imposing recurring penalty payments in the event of non-compliance with a measure adopted pursuant to Articles 10 and For the purpose of promoting cooperation, including the exchange of information, among Member States and between Member States and the Commission, each Member State shall designate one or more national correspondents for any question relating to the implementation of the measures provided for by this Directive.

It shall communicate the details of the national correspondent or correspondents to the other Member States and the Commission. By 9 June , the European Union Intellectual Property Office, in the context of the activities of the European Observatory on Infringements of Intellectual Property Rights, shall prepare an initial report on the litigation trends regarding the unlawful acquisition, use or disclosure of trade secrets pursuant to the application of this Directive.

By 9 June , the Commission shall draw up an intermediate report on the application of this Directive, and shall submit it to the European Parliament and to the Council. That report shall take due account of the report referred to in paragraph 1. The intermediate report shall examine, in particular, the possible effects of the application of this Directive on research and innovation, the mobility of employees and on the exercise of the right to freedom of expression and information.

By 9 June , the Commission shall carry out an evaluation of the impact of this Directive and submit a report to the European Parliament and to the Council. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 June They shall immediately communicate the text of those measures to the Commission. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.

Member States shall determine how such reference is to be made. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This site uses cookies to improve your browsing experience. Would you like to keep them? Skip to main content. This document is an excerpt from the EUR-Lex website. EU case law Case law Digital reports Directory of case law. Need more search options?

Use the Advanced search. Help Print this page. Expand all Collapse all. Languages, formats and link to OJ. To see if this document has been published in an e-OJ with legal value, click on the icon above For OJs published before 1st July , only the paper version has legal value. This Directive shall not affect: In particular, in relation to the exercise of such mobility, this Directive shall not offer any ground for: Article 2 Definitions For the purposes of this Directive, the following definitions apply: The acquisition of a trade secret shall be considered lawful when the trade secret is obtained by any of the following means: Article 4 Unlawful acquisition, use and disclosure of trade secrets 1.

The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful, whenever carried out by: The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions: Article 5 Exceptions Member States shall ensure that an application for the measures, procedures and remedies provided for in this Directive is dismissed where the alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases: The measures, procedures and remedies referred to in paragraph 1 shall: