S. 3389 (112th): Protecting American Trade Secrets and Innovation Act of 2012

Introduced:
Jul 17, 2012 (112th Congress, 2011–2013)
Sponsor:
Sen. Herbert “Herb” Kohl [D-WI]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on July 17, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced Jul 17, 2012
Referred to Committee Jul 17, 2012
Cosponsors
2 cosponsors (2D) (show)
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets.

Summary

No summaries available.

Text

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Last updated Jul 17, 2012.
8 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

7/17/2012--Introduced.
Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets).
Requires a complaint filed in such an action to:
(1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and
(2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country.
Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for:
(1) the seizure of any property (including computers) used or intended to be used to commit or facilitate the commission of the alleged violation, and
(2) the preservation of evidence.
Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 18 U.S.C. Chapter 90