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S.3389 - Protecting American Trade Secrets and Innovation Act of 2012
A bill to modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets.
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SECTION 1. SHORT TITLE.
SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.
‘Sec. 1836. Civil proceedings
‘(B) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country.CommentsClose CommentsPermalink
‘(A) IN GENERAL- In a civil action brought under this subsection, the court may, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, issue an order providing for--CommentsClose CommentsPermalink
‘(i) the seizure of any property (including computers) used or intended to be used, in any manner or part, to commit or facilitate the commission of the violation alleged in the civil action; andCommentsClose CommentsPermalink
‘(i) authorize the retention of the seized property for a reasonably limited period, not to exceed 72 hours under the initial order, which may be extended by the court after notice to the affected party and an opportunity to be heard;CommentsClose CommentsPermalink
‘(iii) require the requesting party to return the seized property to the party from which the property were seized at the end of the period authorized under clause (i), including any extension; andCommentsClose CommentsPermalink
‘(iv) include an appropriate protective order with respect to discovery and use of any property that has been seized, which shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in the seized property is not improperly disclosed or used.CommentsClose CommentsPermalink
‘(iii) if the court determines that it would be unreasonable to prohibit use of a trade secret, an order requiring payment of a reasonable royalty for any use of the trade secret;CommentsClose CommentsPermalink
‘(C) if the trade secret described in paragraph (1)(B) is willfully or maliciously misappropriated, award exemplary damages in an amount not more than the amount of the damages awarded under subparagraph (B); andCommentsClose CommentsPermalink
‘(D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney’s fees to the prevailing party.CommentsClose CommentsPermalink
‘(c) Period of Limitations- A civil action under this section may not be commenced later than 3 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.’.CommentsClose CommentsPermalink
‘(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; orCommentsClose CommentsPermalink
(c) Technical and Conforming Amendment- The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following:CommentsClose CommentsPermalink
(d) Rule of Construction- Nothing in the amendments made by this section shall be construed to modify the rule of construction under
section 1838 of title 18, United States Code, or to preempt any other provision of law.CommentsClose CommentsPermalink