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 |
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Author | |
Ping-Hsun Chen |
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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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