New spy act to boost white-collar defense biz: enhanced enforcement of trade secret theft expected
The US Dept of Justice's Computer Crime and Intellectual Property Section is gearing up to enforce the Economic Espionage Act of 1996, which criminalizes the theft of trade secrets. The law imposes fines, jail terms and possible property forfeiture on those convicted. Intellectual property experts and white collar criminal defense attorneys expect the law to lead to both a surge in criminal prosecutions and development of a new legal specialty. Law firms in California's Silicon Valley and other high technology enclaves are designating specialists or hiring new members to handle the expected influx of cases.
Publication Name: The National Law Journal
Prior-invention rights: the excluded middle
Prior-user rights are becoming an accepted aspect of patent law, but a better approach might be that of prior-invention rights, designed to protect an inventor even if the invention was suppressed as a trade secret. Prior-invention rights may be more fair to the inventor and less costly to legislate and enforce than prior-user rights. This approach could be beneficial to both the business community and the individual inventor.
Publication Name: Journal of the Patent and Trademark Office Society
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