15 U.S.C. § 5308 — Protection of proprietary rights
submitted 36 years ago by Pub. L. 101-425 to r/title-15-COMMERCE-AND-TRADE · 171 words · no verdicts yet
The section protects certain trade-secret and confidential commercial or financial information obtained or developed under the chapter. It also gives the Institutes the patent-right treatment of nonprofit organizations and small businesses.
(a) No trade secret or privileged or confidential commercial or financial information obtained from a company through chapter activities may be disclosed. This section does not define those quoted terms and refers to title 5, section 552(b)(4). (b) For up to five years after development, the Secretary may protect information from dissemination, including by exempting it from title 5, chapter 5, subchapter II, if it resulted from chapter research and development and would have been protected information had a company supplied it. (c) For patent rights, the Institutes are treated like nonprofit organizations and small businesses under title 35, chapter 18, despite contrary provisions there.
No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, which is obtained from a company as a result of activities under this chapter shall be disclosed.
The Secretary, for a period of up to 5 years after the development of information that—
results from research and development activities conducted under this chapter; and
would be a trade secret or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, if the information had been obtained from a company,
may provide appropriate protection against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5.
With respect to patent rights, the Institutes shall be treated in the same manner as are nonprofit organizations and small business firms under chapter 18 of title 35, notwithstanding any provisions to the contrary contained in that chapter.
Source credit: (Pub. L. 101–425, § 9, Oct. 15, 1990, 104 Stat. 919.)
- 1990Enacted · Pub. L. 101-425 · 104 Stat. 919
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-425 on 1990-10-15.
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