{"identifier":"/us/usc/t18/s1839","title":18,"num":"\u00a7\u202f1839.","heading":"Definitions","text":"\u00a7\u202f1839.\nDefinitions\nAs used in this chapter\u2014\n(1) the term \u201cforeign instrumentality\u201d means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;\n(2) the term \u201cforeign agent\u201d means any officer, employee, proxy, servant, delegate, or representative of a foreign government;\n(3) the term \u201ctrade secret\u201d means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if\u2014\n(A) the owner thereof has taken reasonable measures to keep such information secret; and\n(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;\n(4) the term \u201cowner\u201d, with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed;\n(5) the term \u201cmisappropriation\u201d means\u2014\n(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or\n(B) disclosure or use of a trade secret of another without express or implied consent by a person who\u2014\n(i) used improper means to acquire knowledge of the trade secret;\n(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was\u2014\n(I) derived from or through a person who had used improper means to acquire the trade secret;\n(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or\n(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or\n(iii) before a material change of the position of the person, knew or had reason to know that\u2014\n(I) the trade secret was a trade secret; and\n(II) knowledge of the trade secret had been acquired by accident or mistake;\n(6) the term \u201cimproper means\u201d\u2014\n(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and\n(B) does not include reverse engineering, independent derivation, or any other lawful means of acquisition; and\n(7) the term \u201cTrademark Act of 1946\u201d means the Act entitled \u201cAn Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes\n1\n1 So in original. The closing quotation marks probably should follow \u201cpurposes\u201d instead of \u201c\u202f\u2018Lanham Act\u2019)\u201d.\nJuly 5, 1946\n15 U.S.C. 1051\n1","url":"https://projectusc.org/usc/t18/s1839.html","content":[{"t":"sec","id":"/us/usc/t18/s1839","children":[{"t":"num","text":"\u00a7\u202f1839."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t18/s1839/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cforeign instrumentality\u201d means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1839/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cforeign agent\u201d means any officer, employee, proxy, servant, delegate, or representative of a foreign government;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1839/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" the term \u201ctrade secret\u201d means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if\u2014"},{"t":"subpara","id":"/us/usc/t18/s1839/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the owner thereof has taken reasonable measures to keep such information secret; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t18/s1839/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1839/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the term \u201cowner\u201d, with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1839/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" the term \u201cmisappropriation\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t18/s1839/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t18/s1839/5/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" disclosure or use of a trade secret of another without express or implied consent by a person who\u2014"},{"t":"clause","id":"/us/usc/t18/s1839/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" used improper means to acquire knowledge of the trade secret;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t18/s1839/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was\u2014"},{"t":"subclause","id":"/us/usc/t18/s1839/5/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" derived from or through a person who had used improper means to acquire the trade secret;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t18/s1839/5/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t18/s1839/5/B/ii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t18/s1839/5/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" before a material change of the position of the person, knew or had reason to know that\u2014"},{"t":"subclause","id":"/us/usc/t18/s1839/5/B/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the trade secret was a trade secret; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t18/s1839/5/B/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" knowledge of the trade secret had been acquired by accident or mistake;","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1839/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" the term \u201cimproper means\u201d\u2014"},{"t":"subpara","id":"/us/usc/t18/s1839/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t18/s1839/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not include reverse engineering, independent derivation, or any other lawful means of acquisition; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1839/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" the term \u201cTrademark Act of 1946\u201d means the Act entitled \u201cAn Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The closing quotation marks probably should follow \u201cpurposes\u201d instead of \u201c\u202f\u2018Lanham Act\u2019)\u201d."},{"t":"text","text":"\u202fSo in original. The closing quotation marks probably should follow \u201cpurposes\u201d instead of \u201c\u202f\u2018Lanham Act\u2019)\u201d.","tail":", approved "},{"t":"text","text":"July 5, 1946","tail":" ("},{"t":"ref","text":"15 U.S.C. 1051","href":"/us/usc/t15/s1051","tail":" et seq.) (commonly referred to as the \u2018Trademark Act of 1946\u2019 or the \u2018Lanham Act\u2019)\u201d\u202f"},{"t":"ref","text":"1","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}