18 U.S.C. § 1838
Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Except as provided in section 1833(b), this chapter shall not be construed to preempt or displace any other remedies, whether civil or criminal, provided by United States Federal, State, commonwealth, possession, or territory law for the misappropriation of a trade secret, or to affect the otherwise lawful disclosure of information by any Government employee under section 552 of title 5 (commonly known as the Freedom of Information Act).
18 U.S.C. § 1838
EDITORIAL NOTES
AMENDMENTS2016- Pub. L. 114-153 substituted "Except as provided in section 1833(b), this chapter" for "This chapter".
- misappropriation
- the term "misappropriation" means-(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or(B) disclosure or use of a trade secret of another without express or implied consent by a person who-(i) used improper means to acquire knowledge of the trade secret;(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-(I) derived from or through a person who had used improper means to acquire the trade secret;(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or(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; or(iii) before a material change of the position of the person, knew or had reason to know that-(I) the trade secret was a trade secret; and(II) knowledge of the trade secret had been acquired by accident or mistake;
- trade secret
- the term "trade secret" means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-(A) the owner thereof has taken reasonable measures to keep such information secret; and(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;