As an example, the strategy currently outlines the European Commission’s proposal to identify and assess “risks to the EU’s economic security that threaten key interests”, such as risks related to “technological security and technology leaks”. It shows. But now China and other countries can use litigation to force the disclosure of these sensitive technologies.
The strategy also argues that the EU has an interest in preventing European financial resources and intellectual property from being used to develop military and intelligence technologies that could be used against the EU. There is. But then why did Europe put the fox in the henhouse, exposing itself to a Chinese-funded lawsuit under the PLD that would have disclosed details of high-end technology?
Finally, the EU is actively working to improve the effectiveness and efficiency of its current export control framework, which is primarily under the control of Member States. But once again, this laudable move to maintain Europe’s long-term technological advantage could be undermined by the new directive’s own loopholes.
As Western countries “de-risk” from an increasingly provocative China, Europe should not “re-risk” itself through a new PLD. The European Union can achieve its underlying policy goal of balancing consumer protection and business growth in Europe without bringing China and other adversaries to court. And with the new Directive likely to come into force and be translated into national law in the coming years, the European Commission and EU member states will need to adequately protect the ingenuity and ingenuity that sets big companies apart. There is.
As the bloc faces global economic headwinds, it is in everyone’s interest to avoid forced errors such as those contained in this bill and ensure that litigation does not undermine the competitiveness of key sectors. That’s true.
And most importantly, as this new Directive is implemented, the EU will need to develop further guidance to ensure that its provisions are reasonably applied to protect safety.
* Covington represents companies that may be affected by the Product Liability Directive.