Intellectual Property Law

Chapter 22 Internet Resources Solutions

1. Review the text of the UTSA on the website of the Uniform Law Commission.

a. Review the Act Summary. What is “misappropriation”?
Misappropriation means acquiring a trade secret by “improper
means” or from someone who has acquired it through “improper
means.”

b. Review the Final Act. When are attorney’s fees awarded to a prevailing
party?
If (i) a claim of misappropriation is made in bad faith, (ii) a
motion to terminate an injunction is made or resisted in bad faith,
or (iii) willful and malicious misappropriation exists, the court
may award reasonable attorney’s fees to the prevailing party

c. Review the Final Act provisions relating to the effect of the UTSA on
other law. Does the UTSA affect or apply to contracts entered into by
parties?
No, it does not.

2. Review the text of the TRIPS Agreement on the website of the WTO. Review
Section VII, Article 39, Paragraph 2. Briefly, what is the topic of this section?
This section relates to the obligation to protect trade secrets (and data
submitted to governments or governmental agencies).

3. Review 48 C.F.R. § 15.609. Briefly, what is the topic of this section?
The topic of this section relates to the allowing an offeror to mark an
unsolicited proposal to the government to restrict the use and
disclosure of data in the proposal.

4. Review the Economic Espionage Act. Assume that ABC Inc., a German
company, stole a trade secret from Microsoft, which was worth $1 million. What
fine may be imposed on ABC?
ABC shall be fined not more than the greater of $10 million or three
times the value of the stolen trade secret to the organization, including
expenses for research and design and other costs of reproducing the
trade secret that the organization has thereby avoided. Thus, ABC
may be fined $10 million or $3 million (including research and design
costs), whichever is less.