Guarding Intellectual Property: Understanding Pennsylvania’s Theft of Trade Secrets Charge

Introduction

In today’s competitive business environment, trade secrets and intellectual property can be invaluable assets. When these secrets are stolen or misappropriated, the consequences can be disastrous for the affected businesses. Pennsylvania law recognizes the importance of protecting trade secrets and has established specific criminal charges to deter and penalize the theft of such information. In this blog post, we will discuss the Pennsylvania charge of Theft of Trade Secrets, the implications of this charge, and how The McShane Firm can help if you are facing this accusation.

Theft of Trade Secrets (18 Pa. C.S. § 3930)

Pennsylvania law defines Theft of Trade Secrets as the act of obtaining, copying, disclosing, or using another person’s trade secrets without their consent and with the intention to deprive them of the benefits of their intellectual property. A trade secret can include a wide range of information, such as formulas, patterns, compilations, programs, devices, methods, techniques, or processes that derive economic value from not being generally known or readily ascertainable by others.

The penalties for Theft of Trade Secrets depend on the value of the trade secret and the circumstances surrounding the theft. It is either a felony of the third degree (This can result in a fine of up to $15,000 and a possible jail sentence of up to seven years.) or a Felony of the second degree. (This can result in a fine of up to $25,000 and a possible jail sentence of up to ten years.)

Defending Against Theft of Trade Secrets Charges

If you are facing a Theft of Trade Secrets charge in Pennsylvania, it’s essential to have an experienced and knowledgeable legal team on your side. The McShane Firm specializes in handling complex intellectual property cases, and our attorneys understand the nuances of Pennsylvania’s trade secret laws.

When building a defense strategy, our attorneys will carefully examine the details of your case to determine if any of the following defenses apply:

  • The information in question is not a trade secret or is already in the public domain.
  • The accused had permission or consent to use or disclose the trade secret.
  • The trade secret was independently developed or discovered through lawful means.
  • You simply didn’t do it.

Conclusion

Theft of Trade Secrets is a serious charge with potentially severe consequences. If you or a loved one is facing this accusation, it’s crucial to enlist the help of an experienced legal team like The McShane Firm. Our attorneys have a deep understanding of Pennsylvania’s intellectual property laws and will work tirelessly to protect your rights and secure the best possible outcome for your case. Don’t hesitate to contact us for the expert legal representation you need during this challenging time.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.