Societal Views On Intellectual Property - Types - Trade Secrets

Trade Secrets

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In the US, trade secret law is primarily handled at the state level under the Uniform Trade Secrets Act, which most states have adopted, and a federal law, the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C. § 1831(a), criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C. § 1832, criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for the two offenses.) Trade secret law varies from country to country.

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Societal Views On Intellectual Property - Infringement, Misappropriation, and Enforcement
... with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or criminal law ... The ACTA trade agreement, signed in May 2011 by the United States, Japan, Switzerland, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and ... Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services and ACTA amplified the penalties ...
secrets" class="article_title_2">Japanese Trade Secrets
... came into effect to include measures for the protection of qualified secret "technical or business information" ... was amended in recognition of the increasing importance of trade secrets in industrial society and, the recent strong international demand for harmonization of intellectual property laws ... Prior to the amendments, there was no statute which directly protected trade secrets, although they were protected to some extent under general laws such as contract and tort law ...

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