Misappropriation, Theft, and Misuse Sample Clauses

Misappropriation, Theft, and Misuse. The qualification of trade secrets is defined by the relevant statute (CO, UCA, Criminal Law, Banking Law, etc.) and varies from statute to statute. Although the definitions are very similar, there are still differences in the qualifications because the purpose of the different laws is not exactly the same. For instance, a trade secret is more narrowly defined in the Criminal Act than in the CO. Generally, except with regard to immediate injunctive relief, all kinds of evidence are admissible (e.g., computer data, business information, financial information, pricing policies, pricing calcu- lations, witness statements, and expert opinions). With regard to evidence admissible in summary proceedings for immediate in- junctive relief, the rules concerning evidence depend on the com- petent court. However, often only evidence that is readily available can be used. Hence, witnesses will not be heard. Very often theft can only be evidenced by traces left on com- puter equipment or in emails. However, monitoring and review of such data are subject to stringent regulations (see I.B.4.c. below). As outlined above, sanctions under Article 162 of the Xxxxx- nal Act for a breach of production and trade secrets for the of- fender’s own use or use by a third party can be imprisonment of up to three years or a fine. Consequently, theft alone (without use) may qualify as theft, but not as a breach of Article 162 of the Criminal Act. The definition of production and trade secrets under the Criminal Act is very narrow. In addition to the definition used in the CO, the Criminal Act requires that the production or trade secret play a role in the success of the company and have real mar- ket value. A breach of bank secrecy is also a criminal act, based on special legislation. 42-10 Restrictive Covenants: Int’l Survey I.B.4.a. According to Article 6 of the UCA, a breach of production and trade secrets for the offender’s own use or use by a third party also constitutes unfair competition. However, the UCA requires that such production and trade secrets were illegally acquired. Hence, if the employee does not take physical data with him or her, production and trade secrets are not illegally acquired. However, even if information is legally acquired (e.g., the mere knowledge of very important information), the use of it can be a breach of the general rule of unfair competition, under Article 2 of the UCA, if the information is used in a very systematic and unfair way.
Sample 1
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Misappropriation, Theft, and Misuse. The infringement of trade secrets includes the disclosure, use or deprivation of use, of trade secrets without the consent of the owner in a manner contrary to honest trade practices. Acts con- trary to honest trade practices include breach of contract, infringe- I.B.4.a. Thailand 80-9 ment or inducement to infringe confidentiality, bribery, coercion, fraud, theft, receipt of stolen property, and espionage through elec- tronics or other means. To constitute infringement, the infringer must be aware or have reasonable cause to be aware that such act is contrary to honest trade practices. Under Section 7 of the TSA, the following is not considered infringement: • disclosure or use of trade secrets by a person who has obtained the trade secrets through a transaction without knowing or having reasonable cause to know that the other party to the transaction obtained the trade secrets through the infringement thereof; • disclosure or use of trade secrets by state agencies respon- sible for their maintenance in the following circumstances: – when it is necessary for the protection of public health or safety; or – when it is necessary for the benefit of other public in- terests with no commercial purpose, so long as the state agency responsible for the maintenance of trade secrets, or other state agency or person concerned, which/who has access to the trade secrets, has taken reasonable steps for their protection from use in unfair trading activities; • independent discovery, i.e. discovery of a trade secret be- longing to others by the researcher’s own method of inven- tion, or development through his/her own expertise; or • reverse engineering, i.e. discovery of a trade secret be- longing to others by means of evaluation and analysis of a widely-known product with the intention to discover the method by which such product is invented, manufactured, or developed, provided that the product was obtained in good faith by the person who conducted the evaluation and analysis, except if the person who conducted reverse engi- neering expressly agreed otherwise with the owner of trade secrets or seller of the product. 80-10 Restrictive Covenants: Int’l Survey I.B.4.b.
Sample 1

Related to Misappropriation, Theft, and Misuse

  • Misuse Any misuse of sick leave could subject the employee to any or all of the following:

  • Unauthorised Use of Intellectual Property a) The Supplier/Service Provider agrees to notify Transnet in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of Transnet of which the Supplier/Service Provider acquires knowledge and Transnet shall have the right, as its own option, to proceed against any party infringing its Intellectual Property.

  • Unauthorized Use or Disclosure The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure.

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • Prohibition on Unauthorized Use or Disclosure The Business Associate will neither use nor disclose the Covered Entity’s Protected Health Information, except as permitted or required by this Addendum or in writing by the Covered Entity or as Required by Law. This Agreement does not authorize the Business Associate to use or disclose the Covered Entity’s Protected Health Information in a manner that will violate Subpart E of 45 CFR Part 164 if done by the Covered Entity.

  • Unauthorized Use Licensee, the Participating Institutions, or Authorized Users shall not knowingly permit anyone other than Authorized Users to access the Licensed Materials.

  • Infringement of Intellectual Property Rights Seller (or its supplier) shall indemnify and hold Purchaser harmless against an award of damages and costs against Purchaser by a final judgment of a court of last resort in the country in which the Equipment is originally installed by Seller resulting from actual or alleged patent infringement relating in any way to use or sale of the Equipment, or any component thereof furnished hereunder, provided that Purchaser (i) gives Seller immediate notice in writing of any suit or claim for infringement against Purchaser, (ii) permits Seller (or its supplier) to control the defense of any suit or claim, and (iii) gives Seller (or its supplier) all available information, assistance, and authority to enable Seller (or its supplier) to assume such defense. Seller (or its supplier) shall diligently defend and prosecute all such patent infringement litigation and shall keep Purchaser fully informed of all developments in the defense or adjustments of any such claim or action. If a final injunction or judgment in any patent infringement action is rendered restraining Purchaser’s use of the Equipment, or of any component thereof, Seller shall, at its option and expense, either (i) procure for Purchaser the right to use the Equipment, or (ii) replace or modify the infringing component so that it no longer infringes, or (iii) repurchase the Equipment upon its return to Seller, less reasonable depreciation of 2% per month from date of installation, for use, damage, or obsolescence. Seller shall have no liability whatsoever to Purchaser if any such patent infringement or claim thereof is based upon or arises from (i) the use of any Equipment in combination with an apparatus or device not manufactured or supplied by Seller and such combination cause the infringement, (ii) the use of any Equipment in a manner for which it was neither designed nor contemplated, or (iii) any modification of any Equipment by Purchaser, or by Seller at Purchaser’s request, or by any third party, which causes the Equipment to become infringing.

  • Intellectual Property Rights Infringement HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that HP is not responsible for claims resulting from deliverables content or design provided by Customer.

  • Fraud Any suspicion of fraud, waste, or abuse involving the contracting or certification of MWBEs shall be immediately reported to ESD’s Division of Minority and Women’s Business Development at (000) 000-0000. ALL FORMS ARE AVAILABLE AT: xxxx://xxx.xxx.xx.xxx/MWBE/Forms.asp

  • No Unauthorized Use Provider shall not use Student Data or information in a Pupil Record for any purpose other than as explicitly specified in this DPA.

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