Criminal Attempt of Improperly Acquiring Trade Secrets Under the Trade Secret Act ―A Lesson from the Concept of “Attempt” Under the United States Criminal Law

Criminal Attempt of Improperly Acquiring Trade Secrets Under the Trade Secret Act ―A Lesson from the Concept of “Attempt” Under the United States Criminal Law
 Title

Criminal Attempt of Improperly Acquiring Trade Secrets Under the Trade Secret Act ―A Lesson from the Concept of “Attempt” Under the United States Criminal Law

 Author

Ping-Hsun Chen

 Keywords
Trade Secret;Criminal Misappropriation of Trade Secrets;Criminal Attempt;United States’Economic Espionage Act;Legal Impossibility
 Public Information
13 NCTU L. REV., September 2023, at 89-121. 
 Abstract
This article provides the definition of criminal attempt of stealing trade secrets under the Trade Secret Act through studying the United States’Economic Espio-nage Act and criminal attempt under Model Penal Code§5.01. This article argues that a person shall be held criminally liable for his attempt to acquire other’s trade secret by an unjust measure, as long as he knew the stolen information was a trade secret. Such knowledge may be inferred from circumstances showing that the own-er has implemented reasonable measures to protect its trade secrets.
Abstract Article
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