E-002862/2021
Answer given by High Representative/Vice-President Borrell on behalf of the European Commission
(17.8.2021)
Industrial espionage harms the competitiveness of EU companies. Such activities are primarily subject to criminal law enforcement at national level. There is a need for EU companies (in particular small and medium-sized enterprises) to improve their resilience and preparedness against cyber-theft of Intellectual Property (IP) and trade secrets. Under the IP Action Plan1, the Commission will develop an ‘IP cyber-theft prevention toolkit’. On 30 July 2020, the Council imposed first sanctions2 against individuals (including two from China) and entities involved in various cyber-attacks resulting in unauthorised access to commercially sensitive data.
The Comprehensive Agreement on Investment prohibits forced technology transfers and state interference into the licencing of technology, and provides for enhanced protection of IP- sensitive business information obtained in administrative proceedings. These rules are subject to a robust implementation and dispute settlement mechanism. While these rules would provide additional guarantees for EU companies, they do not take away the need to enact and use other instruments (e.g. export controls or fight against cyber theft).
Universities in the EU enjoy institutional autonomy. They are free to define the rules that apply to their scientific cooperation with universities outside the EU and to the foreign financing of chairs while being responsible for ensuring that appropriate internal oversight arrangements are in place. The Commission is developing guidelines to raise awareness and support EU universities to ensure that knowledge security and academic integrity are safeguarded in all partnerships. This is without prejudice to the application of EU and national laws, for instance on trade secrets or dual use.
1 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience (COM/2020/760 final, 25 November 2020)
2 Council Decision (CFSP) 2019/797 and Council Regulation (EU) 2019/796 concerning restrictive measures against cyber-attacks threatening the Union or its Member States:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019D0797 www.sanctionsmap.eu
© European Union, 2021 – EP