What is the Cloud Act and Why Should Global IP Investigators Care?

*Previously posted on IPPIBlog.com

WHAT IS THE U.S. CLOUD ACT?

Last year the U.S. passed the Cloud Act which essentially makes it possible for the U.S. to compel a data provider to produce electronic evidence regardless of what country the data is stored.

It also provides for bilateral agreements between the U.S. and other qualifying countries to not restrict access to the data if stored in their country.

WHAT DOES THE WORD “CLOUD’ IN THE CLOUD ACT MEAN?

The acronym C-L-O-U-D stands for, “Clarifying Lawful Overseas Use of Data Act”

WHAT WAS ONE OF THE CATALYSTS FOR THE CLOUD ACT?

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Blueprint for Screening Candidates / Organizations – Trade Secrets Protection

*Previously posted on IPPIBlog.com

As a follow-up to my last post titled, “Know Your Researcher – Academic Espionage – Trade Secrets Theft,” I embedded an FBI Counterintelligence Strategic Partnership Intelligence Note (SPIN) dated September 2015.

If you haven’t had a chance to look it over, it warrants a closer look.

The last two pages of the document provide a blueprint—a list of things for organizations to consider when screening employee candidates and other organizations before collaboration starts. But, even if collaboration has begun, it is still a useful guide in determining if you should continue or end the relationship.

This blueprint is a particularly useful guide for general counsel, human resources and private investigators (retained on behalf of organizations) to conduct enhanced background screening of potential employees.

*All information in italics is extracted from the 2015 FBI handout.

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Professor Allegedly Steals Student’s Research/Trade Secrets–Is Blockchain Technology the Solution?

*Previously posted on IPPIBlog.com

It was widely reported a few days ago that a pharmacy professor at the University of Missouri allegedly stole his gifted student’s research, sold it to a pharmaceutical company, and did not credit his student or the university with having made the discovery.

The alleged misappropriation of the student’s research took place sometime between 2008 and 2010.

Here’s one quote from a New York Times article titled, Former Missouri Professor Stole Student’s Research to Sell New Drug, Lawsuit Alleges: “The lawsuit said that Dr. Mitra and Mrs. Mitra [the professor and his wife] … or people responding to their orders, removed or destroyed Dr. Cholkar’s [the graduate student’s] laboratory notebooks that he used to document the experiments…

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