Laws
Econoimc Espionage Act of 1996 criminalizes trade theft under two circumstances:
- Economic espionage - theft of a trade secret knowingly benefitting a foreign government, instrumentality, or agent.
- Theft of trade secrets - theft of a product or service used in interstate or foreign commerce where the theif knows the loss will damage the owner.
- Prosecuted by the Department of Justice
- Punishable by fines and/or prison
Defend Trade Secrets act of 2016 amends the Economic Espionage Act by adding a civil cause of action
Sanctions
- Courts can order the misappropriation stop
- Courts can order the trade secret be protected from public knowledge
- Misappropriated goods may be seized
- Damages, court costs, and reasonable attorneys' fees may be awarded