Trade secret

“ This year's Report again reflects an increasingly urgent need for trading partners to effectively protect and enforce trade secrets. Trade secret theft, including industrial and economic espionage conducted by cyber means, appears to be escalating. Companies in a wide variety of industry sectors, including information and communication technologies, services, biopharmaceuticals, manufacturing, and environmental technologies, rely on the ability to protect and enforce their trade secrets and rights in other proprietary information. ”

“ To hold otherwise would do nothing less than encourage misappropriaters of trade secrets to post the fruits of their wrongdoing on the Internet as quickly as possible and as widely as possible thereby destroying a trade secret forever. ”

“ Trade secrets A person who has gained knowledge or possession of a trade secret in connection with a position of employment or trust or with a business relationship must not use the secret unlawfully in the conduct of business. ”

“ Computer software can constitute a trade secret. " [C] omputer software can qualify for trade secret protection under the UTSA. [Citation.] However, a plaintiff who seeks relief for misappropriation of trade secrets must identify the trade secrets and carry the burden of showing that they exist." ”

“ Economic or Industrial Espionage means (a) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (b) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information ”

“ Plaintiff must also show that the trade secret was misappropriated, or that the trade secret was obtained through improper means and that the Defendants knew or should have know that the trade secret was obtained through improper means when they posted it or its derivative to the Internet. (Civil Code Section 3426.1 (b) ) Although the parties dispute the who and how, the evidence is fairly clear that the trade secret was obtained through reverse engineering. ”

“ Gradually it was found that some kind of limited security against competition must be allowed if such transactions as the sale of a going concern with its goodwill, or the retirement of partners from a continuing firm, or the employment of confidential servants in matters involving trade secrets, were to be carried on to the satisfaction of the parties. ”

“ Administrative departments and their staff members shall keep confidential in accordance with law the trade secrets of foreign investors and foreign-invested enterprises they have obtained during the performance of their duties, and shall not disclose or illegally provide such trade secrets to others. ”

“ The old idea of trade secrets seems thoroughly exploded, and a free interchange of practice and theory is now seen to be the best for all. I cannot but believe that had the manufacturers of America adopted this policy years ago, many millions squandered in the erection of works at unsuitable locations would have been saved. ”

“ The misappropriation of trade secrets and their use by a competing enterprise can have a devastating impact on a company's business, making the company's recourse to adequate and effective legal remedies particularly important. ”

“ Rep. 171, 174, which was the case of a combination among grain dealers by which competition was stifled, the court saying: 'So long as competition was free, the interest of the public was safe. The laws of trade, in connection with the rigor of competition, was all the guaranty the public required; but the secret combination created by the contract destroyed all competition, and created a monopoly against which the public interest had no protection.' Again, in People ex rel. ”

“ Promoting voluntary best practices by private industry to protect trade secrets, including information security, physical security, and human resources policies; Enhancing domestic law enforcement operations, especially through the activities of the Department of Justice, Federal Bureau of Investigations, Department of Defense, and the National IPR Coordination Center ”

“ SIGINT shall be collected exclusively where there is a foreign intelligence or counterintelligence purpose to support national and CIA missions and not for any other purpose. The collection of foreign private commercial information or trade secrets is authorized only to protect the national security of the United States or its partners and allies. ”

“ All of that class look to an arrival for purposes of business,-to an entry and clearance, and to a stay there so long as to require some of the acts connected with it, and to need or permit the interference of the agent of their country in some of his appropriate functions, and especially to enable him to report understandingly that her trade, or her imports and exports, are on American account, and are of a certain value and character. ”

“ The Bureau also has some of the country’s leading experts on appraisals of a wide range of imports. It even boasts that it has a man who can look at a hog’s bristle and tell whether the hog was raised on the China slope of the Himalayas or the Indian side of the mountain, a bit of esoteric knowledge which is not as useless as it might seem. Little is heard of the fact that almost daily these men protect American dealers, collectors, and the buying public from forgeries, fraud, and unfair trade practices. ”

“ The fraudulent dealing in trade-marks plainly interferes with and thwarts the power and duty of the United States to protect foreign and inter-state trade. Moreover, it is impossible to limit the effect of the wrong-doing within the confines of a State. It extends to all places where there is a market for the goods which are simulated by the false device.
But the answer to the objection is, that the subject of these statutes is a general interest of commerce upon which Congress has power to legislate. ”

“ For what, Sir, can be more glaringly absurd than to hear a merchant clamouring for the enforcement of the prohibitive laws, and the exclusion of foreign trade, at the very door of a shop filled with English goods, clandestinely imported? ”

“ As applied to the Sherman Act, this means that an allegation by the Government that a monopoly or restraint of trade exists in the business of collecting and distributing information should be proved by clear evidence after a full canvas of all the pertinent facts. Nothing should be left to speculation, doubt or surmise. ”

“ Relevant units and individuals shall provide the foreign trade investigation with cooperation and assistance. The authority in charge of foreign trade and other authorities under the State Council as well as their staff members shall have the obligation to keep the state secrets and business secrets known to them confidential during foreign trade investigations. ”

“ Our exports, in consequence of these different frauds, appear upon the custom-house books greatly to overbalance our imports, to the unspeakable comfort of those politicians, who measure the national prosperity by what they call the balance of trade. ”

“ I myself should deem it to be a misfortune if we were to attempt to prescribe to the business world how honest and peaceable trade was to be carried on in a case where no such illegal elements as I have mentioned exist, or were to adopt some standard of judicial 'reasonableness' or of 'normal' prices or 'fair freights,' to which commercial adventurers, otherwise innocent, were bound to conform. ”

“ Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such territory and another, or between any such territory or territories and any state or states or the District of Columbia, or with foreign nations, or between the District of Columbia, and any state or states or foreign nations, is hereby declared illegal. ”

“ Secrets in manufactures are capable of being longer kept than secrets in trade. ”

“ Contracts, combinations, or conspiracies to control domestic enterprise in manufacture, agriculture, mining, production in all its forms, or to raise or lower prices or wages, might unquestionably tend to restrain external as well as domestic trade, but the restraint would be an indirect result, however inevitable, and whatever its extent, and such result would not necessarily determine the object of the contract, combination, or conspiracy. ”

“ We recognize the necessity and propriety of the honest cooperation of capital to meet new business conditions, and especially to extend our rapidly increasing foreign trade, but we condemn all conspiracies and combinations intended to restrict business, to create monopolies, to limit production, or to control prices, and favor such legislation as will effectively restrain and prevent all such abuses, protect and promote competition, and secure the rights of producers, laborers, and all who are engaged in industry and commerce. ”

“ Congress, in order to afford an effective remedy for the evil, and extend the same protection to French importers that France gives to our producers and merchants in her markets, has enacted that the forger of trade-marks and the dealer in forged trade-marks shall answer at the bar of criminal justice in the courts of the United States. ”

“ These badly framed or badly administered provisions of the tariff acts promote undervaluation, evasions of duty, and fraud; but their worst effect is to discourage honest manufacturers and merchants alike by the uncertainty which they cause as to the future course of trade, as well as by the opportunities which they give both to dishonest employers, importers, and unscrupulous manufacturers to evade the laws. ”

“ When we lend money to foreigners we give them the right to draw on us now in return for their promises to pay some day; in other words, we make an invisible import of foreign securities, and in the present state of our trade balance all imports, whether visible or invisible, need careful watching. ”

“ The business men of the world have awakened to the fact that manufacture and trade require national and international control and protection of genuine commercial signatures to identify and distinguish property made and marketed by cosmopolitan tradesmen. ”

“ The latter affords more comforts, excites more industry, and employs more shipping. The substance is also as re-exportable as the shadow. A trade in the substance may be permanent; in the shadow it cannot long exist, on account of the equalizing power of commerce, and the depreciating nature of money. Being only an instrument of exchanges, its office cannot be impaired or destroyed, without impairing or destroying commerce itself. ”

“ Sooner or later even monopolies must grant this, whether we insist on it by statute or not. It is necessary for their own protection; for large structures cannot long stand on insecure foundations. In the long run trade is honest; for dishonest trade cuts its own throat. ”

“ But far more important than that, they conclusively prove that your company is a monopoly framed in the restraint of trade--proof that will be a body blow to your defense if the threatened action of the federal authorities takes place. ”

“ As customers could no longer be found to deal with us, these frauds have necessarily been checked. Our foreign trade has gradually fallen into the hands of a few great houses, and this concentration, which has powerfully contributed to the prevalence of honorable dealings in English commerce, has done something towards reviving ours. The small dealers have been driven out of the field; and it is to this cause that we have to attribute the good condition of our trade with the United States. But let us not deceive ourselves ”

“ One of the chief complaints against the protective system is its alleged hindrance to foreign trade and a foreign market for our own products. It is argued that if we could import raw material from other countries free, and manufacture such raw material into products for use, we could export them at great profit, and thus secure a standing in the markets of the world. ”

“ Arguing thus, that if the exportations exceed importations, then the balance must be brought home in money, which, when our merchants know cannot be carried out again, they will forbear to bring home in money, but let it lie abroad for trade, or keepe in foreign banks: or if our importations exceed our exportations, then, to keepe credit, the merchants will and must find ways of carrying out money by stealth, which is a most easy thing to do, and is every where done ”

“ The reasons assigned for the ruling, and now pressed upon our attention, are (1) that the conspiracy does not belong to the class in which the members are engaged in interstate trade or commerce, and agree to suppress competition among themselves, (2) that running a corner, instead of restraining competition, tends, temporarily at least, to stimulate it, and (3) that the obstruction of interstate trade and commerce resulting from the operation of the conspiracy, even although a necessary result, would be so indirect as not be to a restraint in the sense of the statute. ”

“ Combinations of transportation or manufacturing companies are taken to be, in themselves, evidence of conspiracy in restraint of trade; but positive conspiracy in restraint of trade by organizations, avowedly formed for that purpose, is highly proper on the part of agriculturists and labor men ”

“ But, the credit of the British merchant is the support of the commerce of the world; his books are not, lightly, nor for any ordinary purpose, to be taken out of his own hands. The secrets of his business are not to be too curiously pryed into. The books of a single merchant may betray the secrets, not only of his own affairs, but of those with whom he is principally connected in business; and the reciprocal confidence of the whole commercial world may, by the authoritative enquiry of these commissioners, be shaken. ”