![]() |
|
![]() | ||
|
Subject:
Intellectual property - trade secrets
Category: Reference, Education and News Asked by: garfield628-ga List Price: $2.00 |
Posted:
02 Jun 2005 05:10 PDT
Expires: 26 Jan 2006 11:09 PST Question ID: 528486 |
1. what charges could lay on the following suspect? The suspect was caught by copying the company's information. But, the suspect didn't pass on this information or share with the third party. | |
|
![]() | ||
|
There is no answer at this time. |
![]() | ||
|
Subject:
Re: Intellectual property - trade secrets
From: barchibald-ga on 02 Jun 2005 08:20 PDT |
Theft is the most obvious. Most likely what he took can be regarded as property - use or misuse is as irrelevent to this as if I were to steal your car and then not resell it! IP theft must have a physical element to it if the IP has not changed hands (it can't just sit in this employee's head). I'm assuming we are talking about stuff where you have an audit trail or where you believe you can produce substantive evidence of the theft. Other things to consider: * breach of employment contract. Gotta have an employment contract for this one. Some states have "default" regulations around employment regulations that might provide some protection, but you'll never get anywhere following that course. * you'll have whole other angle if you can substantiate willful "sabotage" or an attempt. Simple theft does not count, but if this person - and it can be substantiated - wanted to bring down the house, then there is a definate angle there. * you'll have different concerns if the "goods" were transported out of the country. This would be very hard to substantiate without a sale or exchange of the good over some border. Thats a start. More information on the scenario would be helpful. State, what was stolen and at what point in the tenure of the suspect. Value of the goods (if known) etc. * |
Subject:
Re: Intellectual property - trade secrets
From: myoarin-ga on 04 Jun 2005 09:30 PDT |
HI, for $2 you may have to be satisfied with comments, unsupported by documentation. Since the person was caught, and you say that he did not use or misuse the information in anyway, there can be no claim for damages. If he was an employee, part-time, whatever, he had a contract, written or implied by an oral agreement, which would make him subject to documented company policy (as an answer or comment to a similar question indicated). If this prohibited copying company information, he was in breach of his employment contract and most probably could be fired ( but not sued for damages, as there were none, despite whatever he might have contemplated). If he was a trespasser, he apparently had evil intents, but again, nothing happened. If he removed the copied information from the company's premises, perhaps he could be charged with theft or attempted theft. It sounds like the company's internal security functioned, which is what it is there to do, to avoid incidents that could have serious ramifications. But there were none. Perhaps he can be charged with theft or attempted theft, but it may not be worth the effort, unless he has a previous record for such. Myoarin |
Subject:
Re: Intellectual property - trade secrets
From: alex101-ga on 17 Jun 2005 20:23 PDT |
Possible charges for vague fact pattern: Theft. Attempted Theft. Conversion. Espionage. Attempted espionage. Violation of Trade Secret. Violation of Copyright. Breach of Contract. Burglary. Trespass. Fraud (probably not but maybe). It's probably just Copyright Infringement but all the others are possible depending upon undisclosed specifics. |
If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you. |
Search Google Answers for |
Google Home - Answers FAQ - Terms of Service - Privacy Policy |