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S. 3389 · 112th Congress

Protecting American Trade Secrets and Innovation Act of 2012

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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

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2 cosponsors · 2 D

2 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

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…

What it does: CRS summary · Introduced in Senate · Jul 17, 2012

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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Protecting American Trade Secrets and Innovation Act of 2012

Latest action (Jul 17, 2012): Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5086-5087)

Policy area: Crime and Law Enforcement · Origin: Senate · Introduced: Jul 17, 2012

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.