On July 29, 2015, the Defend Trade Secrets Act of 2015 was in introduced in the U.S. Senate and U.S. House of Representatives to establish a federal civil cause of action for trade secret misappropriation. The bill does not preempt state law. IPO supports legislation along the lines of the new bill and is studying the details. Lead sponsors are Senators ORRIN HATCH (R-Utah) and CHRIS COONS (D-Del.) and Reps. DOUG COLLINS (R-Ga.) and JERROLD NADLER (D-N.Y.). The bill has a large, bipartisan group of cosponsors. Bill numbers are not yet available. The bill is substantially similar to legislation introduced in the Senate and the House last Congress and approved by the House Judiciary Committee last September. The few differences include limiting the basis on which an ex parte seizure can be obtained, so that it can only be used to prevent the propagation/dissemination of the trade secret, and requiring seizure orders to be the “narrowest” necessary to achieve their purpose.
To protect seized electronics from being hacked, the bill prohibits seized material from being connected to the Internet until a hearing or consent by both parties and explicitly authorizes either party to move the court to encrypt a seized device. The bill includes language borrowed from the Lanham Act that requires a showing at the hearing that the facts supporting the seizure are still in effect.
The following topics will be covered during the webinar
October 14, 2015 1:00 PM Eastern
1 hour, 30 minutes
Licensing Executives Society (USA & Canada)
CLE (California): 1.50
LES Member Price:$0.00