Trade secrets and jurisdiction explained
29 January 2012
Benjamin Bai explains why a US decision that expands the jurisdiction of the ITC in trade secrets cases may be flawed, and contrasts it with the limited approach of the Supreme People’s Court in China
The TianRui case substantially expands the jurisdiction of the ITC over acts that occur entirely overseas and provides an effective remedy for trade secret misappropriation outside the US. Previously, a trade secret owner had to sue in the country where the misappropriation occurred. The ITC was only available in situations where at least one aspect of the misappropriation occurred in the US. Now, the trade secret owner can resort to the ITC for an exclusion order to ban the import of such products into the US. In essence, the Federal Circuit has given trade secret owners broader remedies than what patent, trade mark and copyright owners have. It is expected that more trade secret owners in the US will seek such relief if the TianRui case is not subsequently overruled....
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