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Category Archives: Intellectual Property

CRS – Stealing Trade Secrets and Economic Espionage

Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act, Charles Doyle, Senior Specialist in American Public Law. August 19, 2016.

“Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended beneficiary is a foreign power, 18 U.S.C. 1831 (economic espionage). Section 1832 requires that the thief be aware that the misappropriation will injure the secret’s owner to the benefit of someone else. Section 1831 requires only that the thief intend to benefit a foreign government or one of its instrumentalities. Offenders face lengthy prison terms as well as heavy fines, and they must pay restitution. Moreover, property derived from the offense or used to facilitate its commission is subject to confiscation. The sections reach violations occurring overseas, if the offender is a United States national or if an act in furtherance of the crime is committed within the United States. Depending on the circumstances, misconduct captured in the two sections may be prosecuted under other federal statutes as well. A defendant charged with stealing trade secrets is often indictable under the Computer Fraud and Abuse Act, the National Stolen Property Act, and/or the federal wire fraud statute. One indicted on economic espionage charges may often be charged with acting as an unregistered foreign agent and on occasion with disclosing classified information or under the general espionage statutes. Finally, by virtue of the Defend Trade Secrets Act (P.L. 114-153), Section 1831 and 1832 are predicate offenses for purposes of the federal racketeering and money laundering statutes. P.L. 114-153 ( S. 1890) dramatically increased EEA civil enforcement options when it authorized private causes of action for the victims of trade secret misappropriation. In addition, the EEA now permits pre-trial seizure orders in some circumstances, counterbalanced with sanctions for erroneous seizures.”

Antitrust and Intellectual Property: A Brief Introduction

Hylton, Keith N., Antitrust and Intellectual Property: A Brief Introduction (August 19, 2016). Boston Univ. School of Law, Law and Economics Research Paper No. 16-32. Available for download at SSRN: http://ssrn.com/abstract=2826636 “Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to… Continue Reading

The Federal Circuit Rules on Trademarks Considered Offensive

CRS Reports & Analysis Legal Sidebar – The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute. August 4, 2016. “Two separate cases involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam) raise… Continue Reading

Inspection of Federal Computer Security at US Department of the Interior

Inspection of Federal Computer Security at the U.S. Department of the Interior, August 9, 2016: “In accordance with Section 406 of the Cybersecurity Act of 2015, we inspected DOI’s policies, procedures, and practices for securing its computer networks and systems for all covered systems related to logical access control policies and practices, use of multifactor… Continue Reading

The Copyright Holdout Problem and New Internet-Based Services

Cross, John T. and Yu, Peter K., The Copyright Holdout Problem and New Internet-Based Services (July 29, 2016). EXPLORING SENSIBLE MECHANISMS OF PAYING FOR COPYRIGHT, Liu Kung-Chung and Reto M. Hilty, eds., Springer, 2016. Available for download at SSRN: http://ssrn.com/abstract=2815825 “This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content… Continue Reading

UK Intellectual Property Enterprise Court guide

Via Gov.UK – Intellectual Property Enterprise Court guide – The guide covers all the steps involved in using the court, including how to: start a claim in the court serve the claim form write a statement of case put together a trial bundle It also contains contact details for the court and an example of… Continue Reading

GAO Reports – Patent Office Audits

Intellectual Property: Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity, GAO-16-490: Published: Jun 30, 2016. Publicly Released: Jul 20, 2016: “GAO found that district court filings of new patent infringement lawsuits increased from about 2,000 in 2007 to more than 5,000 in 2015, while the number of defendants named in these lawsuits increased… Continue Reading

Activists Release Archives of TIME Magazine Issues to the Wild

Via Motherboard: “Activists have downloaded nearly 100 years worth of TIME magazine issues from the publication’s paywalled digital archive and dumped them all online for anyone to grab for free. “It was possible and seems worthwhile,” Michael Best, a freedom of information activist who obtained the files, told Motherboard in an online chat. In a… Continue Reading

2016 How Google Fights Piracy Report

Via Google Public Policy Blog: “The internet continues to be a boon for creators, their communities, and the content industry. At Google, we are committed to helping these industries flourish online. Today, Google’s services provide content for people all around the world and generate significant revenue for rightsholders. YouTube alone has now generated over $2… Continue Reading

Can Catastrophic Insurance Improve Financing for Long-Term Services and Supports?

Urban Institute – Brief – Can Catastrophic Insurance Improve Financing for Long-Term Services and Supports? Melissa M. Favreault; Howard Gleckman; Richard W. Johnson. June 9, 2016 – “A catastrophic insurance program could improve the way long-term services and supports are financed. The program would require enrollees who need care to wait a few years before… Continue Reading

The Antitrust and Intellectual Property Intersection in European Union Law

Petit, Nicolas, The Antitrust and Intellectual Property Intersection in European Union Law (June 17, 2016). Handbook of Antitrust, Intellectual Property and High Tech, Roger D. Blair & D. Daniel Sokol editors, Cambridge University. Available for download at SSRN: http://ssrn.com/abstract=2796670 “In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court… Continue Reading

TTIP and Digital Rights

TTIP and Digital Rights Published: 08.06.2015 – “The Transatlantic Trade and Investment Partnership (TTIP – pronounced “tee-tip”) is a draft trade agreement being negotiated between the United States (US) and the European Union (EU). This booklet presents the concerns that EDRi and its members have regarding TTIP, such as the lack of transparency in the… Continue Reading