Trade Secrets Essay

626 words - 3 pages

Some complications may exist if economic espionage or misappropriation of a trade secret involves a foreign entity. This is because the statute only focuses on the beneficiary of the economic espionage, as opposed to the agent who stole the critical economic intelligence (Nasheri, 2005). According to the statute and CES inquiry, the association of the defendant with the projected beneficiary is not significant. The most vital proof at trial is the knowledge or intent to benefit a foreign entity (Perritt, 1994). In this case, a foreign entity includes foreign instrumentalities, agents, or governments. However, the technicality arises when it comes to the first category since there is no provision in the statute that interprets and gives the boundary of the term foreign instrumentality. This means that a proof analysis involving this term requires intense investigation into its entire components.

Both economic espionage and misappropriation of trade secrets have one thing in common: they involve theft or unlawful acquisition of critical intelligence from a third party. However, the two differ in terms of their degree of damage. Economic espionage is the illegitimate targeting and pilfering of vital economic intelligence of a country (Nasheri, 2005). It may consist of the stealthy acquisition or stealing of hidden fundamental data in various areas in government, including finance, technology, and even government policy. On the other hand, misappropriation of trade secrets normally happens between corporations or companies to gain competitive advantage over their rivals (Nasheri, 2005).
As opposed to misappropriation of trade secrets, economic espionage occurs between governments, making it have a larger scope. For that reason, economic espionage can cause greater damage to the victim (rival nation) since it can interfere with the national security of a particular country. The best remedy to curb economic espionage is to create laws that criminalize theft of intellectual properties by foreign government agents. Countries that have enacted...

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