3.0.0 1770 2023-01-11T13:23:41Z 2023-01-11T13:23:41Z Senate S S 2013-11-21 113 ssju00 Judiciary Committee Senate Standing Referred to 2013-11-21T22:19:35Z 2013-11-21 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2013-11-21 Introduced in Senate IntroReferral 10000 9 Library of Congress F000444 Sen. Flake, Jeff [R-AZ] JEFF FLAKE R AZ N M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2014-02-04 False Commerce Civil actions and liability Crimes against property Jurisdiction and venue Legal fees and court costs Trade secrets and economic espionage Commerce 00 2013-11-21 Introduced in Senate 2013-12-16T20:09:50Z Future of American Innovation and Research Act of 2013 or the FAIR Act - Authorizes the owner or lawful possessor of a covered trade secret (that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce) to bring a civil action in a U.S. district court against a person (including a legal or commercial entity) who misappropriates, threatens to misappropriate, or conspires to misappropriate such trade secret: (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside such territorial jurisdiction.

Defines "misappropriate" as the acquisition or disclosure of a trade secret under specified circumstances through improper means, including theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic means. Excludes reverse engineering or independent derivation from the categories of improper means when such activity alone is the only alleged conduct.

Permits an action to arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury: (1) within the territorial jurisdiction of the United States, or (2) to a U.S. person.

Provides for an affirmative defense to such an action if each alleged trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the trade secret at the time of the alleged conduct.

Authorizes a court, upon an ex parte application, to order the seizure of any property used to commit or facilitate specified conduct alleged in the civil action.

]]> FAIR Act Display Title FAIR Act Official Title as Introduced A bill to provide for Federal civil liability for trade secret misappropriation in certain circumstances. Introduced in Senate IS Short Titles as Introduced FAIR Act Short Titles as Introduced Future of American Innovation and Research Act of 2013 Introduced in Senate 2013-11-21T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113s1770is/xml/BILLS-113s1770is.xml 2013-11-21 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.