Secrets of dating online pdf

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(f) Rule of Construction.--Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law. No submission under seal made under this subsection may be used in a prosecution under this chapter for any purpose other than those set forth in this section, or otherwise required by law. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

(g) Applicability to Other Laws.--This section and the amendments made by this section shall not be construed to be a law pertaining to intellectual property for purposes of any other Act of Congress. The provision of information relating to a trade secret to the United States or the court in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection, and the disclosure of information relating to a trade secret in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection unless the trade secret owner expressly consents to such waiver.''. (2) Foreign instrumentality, etc.--The terms ``foreign instrumentality'', ``foreign agent'', and ``trade secret'' have the meanings given those terms in section 1839 of title 18, United States Code.

For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.''.

(b) Definitions.--Section 1839 of title 18, United States Code, is amended-- (1) in paragraph (3)-- (A) in subparagraph (B), by striking ``the public'' and inserting ``another person who can obtain economic value from the disclosure or use of the information''; and (B) by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following:

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``(3) Remedies.--In a civil action brought under this subsection with respect to the misappropriation of a trade secret, a court may-- ``(A) grant an injunction-- ``(i) to prevent any actual or threatened misappropriation described in paragraph (1) on such terms as the court deems reasonable, provided the order does not-- Page 130 STAT.380 ``(I) prevent a person from entering into an employment relationship, and that conditions placed on such employment shall be based on evidence of threatened misappropriation and not merely on the information the person knows; or ``(II) otherwise conflict with an applicable State law prohibiting restraints on the practice of a lawful profession, trade, or business; ``(ii) if determined appropriate by the court, requiring affirmative actions to be taken to protect the trade secret; and ``(iii) in exceptional circumstances that render an injunction inequitable, that conditions future use of the trade secret upon payment of a reasonable royalty for no longer than the period of time for which such use could have been prohibited; ``(B) award-- ``(i)(I) damages for actual loss caused by the misappropriation of the trade secret; and ``(II) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or ``(ii) in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator's unauthorized disclosure or use of the trade secret; ``(C) if the trade secret is willfully and maliciously misappropriated, award exemplary damages in an amount not more than 2 times the amount of the damages awarded under subparagraph (B); and ``(D) if a claim of the misappropriation is made in bad faith, which may be established by circumstantial evidence, a motion to terminate an injunction is made or opposed in bad faith, or the trade secret was willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party.``(D) Materials in custody of court.-- ``(i) In general.--Any materials seized under this paragraph shall be taken into the custody of the court.The court shall secure the seized material from physical and electronic access during the seizure and while in the custody of the court.


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