18 U.S.C. § 1836
Added Pub. L. 104-294, title I, §101(a), Oct. 11, 1996, 110 Stat. 3490; amended Pub. L. 107-273, div. B, title IV, §4002(e)(9), Nov. 2, 2002, 116 Stat. 1810; Pub. L. 114-153, §2(a), (d) (1), May 11, 2016, 130 Stat. 376, 381.
REFERENCES IN TEXTThe Federal Rules of Civil Procedure, referred to in subsec. (b)(2)(A)(ii)(I), (F)(iv), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
AMENDMENTS 2016- Pub. L. 114-153, §2(d)(1), substituted "Civil proceedings" for "Civil proceedings to enjoin violations" in section catchline.Subsecs. (b) to (d). Pub. L. 114-153, §2(a), added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: "The district courts of the United States shall have exclusive original jurisdiction of civil actions under this section."2002-Subsec. (a). Pub. L. 107-273, §4002(e)(9)(A), substituted "this chapter" for "this section". Subsec. (b). Pub. L. 107-273, §4002(e)(9)(B), substituted "this section" for "this subsection".
EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-153 applicable with respect to any misappropriation of a trade secret (as defined in section of this title) for which any act occurs on or after May 11, 2016, see section 2(e) of Pub. L. 114-153 set out as a note under section of this title.
- Trademark Act of 1946
- the term "Trademark Act of 1946" means the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes 1, approved July 5, 1946 ( 15 U.S.C. 1051 et seq.) (commonly referred to as the 'Trademark Act of 1946' or the 'Lanham Act')" 1. 1 So in original. The closing quotation marks probably should follow "purposes" instead of " 'Lanham Act')".
- 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;