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Sayfa 180Ek-4: Defend Trade Secrets Act of 2016
To amend chapter 90 of title 18, United States Code, to provide Federal jurisdiction…
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,…
SECTION 1. SHORT TITLE.…
This Act may be cited as the ‘‘Defend Trade Secrets Act of 2016’’.…
SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.…
(a) IN GENERAL.—Section 1836 of title 18, United States Code, is amended by striking…
‘‘(b) PRIVATE CIVIL ACTIONS.—
‘‘(1) IN GENERAL.—An owner of a trade secret that is…
‘‘(2) CIVIL SEIZURE.— ‘‘(A) IN GENERAL.—…
‘‘(i) APPLICATION.—Based on an affidavit or verified complaint satisfying the requirements…
‘‘(ii) REQUIREMENTS FOR ISSUING ORDER.—The court may not grant an application under…
‘‘(I) an order issued pursuant to Rule 65 of the Federal Rules of Civil Procedure…
‘‘(II) an immediate and irreparable injury will occur if such seizure is not ord…
‘‘(III) the harm to the applicant of denying the application outweighs the harm to…
‘‘(IV) the applicant is likely to succeed in showing that—…
‘‘(aa) the information is a trade secret; and…
‘‘(bb) the person against whom seizure would be ordered—…
‘‘(AA) misappropriated the trade secret of the applicant by improper means; or…
‘‘(BB) conspired to use improper means to misappropriate the trade secret of the…
‘‘(V) the person against whom seizure would be ordered has actual possession of—…
‘‘(aa) the trade secret; and…
‘‘(bb) any property to be seized;
Sayfa 182…
‘‘(VI) the application describes with reasonable…
particularity the matter to be seized and, to the extent reasonable under the circumstances,…
‘‘(VII) the person against whom seizure would be ordered, or persons acting in concert…
‘‘(VIII) the applicant has not publicized the requested seizure.…
‘‘(B) ELEMENTS OF ORDER.—If an order is issued under subparagraph (A), it shall—…
‘‘(i) set forth findings of fact and conclusions of law required for the order;…
‘‘(ii) provide for the narrowest seizure of property necessary to achieve the purpose…
‘‘(iii)(I) be accompanied by an order protecting the seized property from disclosure…
‘‘(II) provide that if access is granted by the court to the applicant or the person…
‘‘(iv) provide guidance to the law enforcement offi- cials executing the seizure…
‘‘(I) the hours during which the seizure may be executed; and…
‘‘(II) whether force may be used to access locked areas;…
‘‘(v) set a date for a hearing described in subpara- graph (F) at the earliest possible…
‘‘(vi) require the person obtaining the order to pro- vide the security determined…
‘‘(C) PROTECTION FROM PUBLICITY.—The court shall…
take appropriate action to protect the person against whom an order under this paragraph…
‘‘(D) MATERIALS IN CUSTODY OF COURT.—
‘‘(i) IN GENERAL.—Any materials seized under…
paragraph shall be taken into the custody of the court. The court shall secure the…
‘‘(ii) STORAGE MEDIUM.—If the seized material includes a storage medium, or if the…
‘‘(iii) PROTECTION OF CONFIDENTIALITY.—The court shall take appropriate measures…
‘‘(iv) APPOINTMENT OF SPECIAL MASTER.—The court may appoint a special master to locate…
service of a copy of the order under this paragraph, and the submissions of the applicant…
‘‘(F) SEIZURE HEARING.—
…
‘‘(i) DATE.—A court that issues a seizure order…
shall hold a hearing on the date set by the court under subparagraph (B)(v).…
‘‘(ii) BURDEN OF PROOF.—At a hearing held under this subparagraph, the party who…
‘‘(iii) DISSOLUTION OR MODIFICATION OF ORDER.— A party against whom the order has…
‘‘(iv) DISCOVERY TIME LIMITS.—The court may make such orders modifying the time limits…
‘‘(G) ACTION FOR DAMAGE CAUSED BY WRONGFUL SEIZURE.—A person who suffers damage by…
‘‘(H) MOTION FOR ENCRYPTION.—A party or a person who claims to have an interest in…
section with respect to the misappropriation of a trade secret, a court may—…
‘‘(A) grant an injunction—
‘‘(i) to prevent any actual or threatened misappro- priation described in paragraph (1) on such terms as the court deems reasonable,…
‘‘(I) prevent a person from entering into an employment relationship, and that conditions…
‘‘(II) otherwise conflict with an applicable State law prohibiting restraints on…
requiring affirmative actions to be taken to protect the trade secret; and…
Ek-3: 1985 Yasa Değişiklikleri ile Yeknesak Ticari Sırlar Kanunu
Ek-5: 2016 Ticari Sırların Korunması Kanunu
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