Alexander Zubtsov

Alexander Zubtsov

‘Case Against Federalization’

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Trade secret (коммерческая тайна) (1862) 1. A formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors; information - including a formula, pattern, compilation, program, device, method, technique, or process that (1) derives independent economic value, actual or potential, from not being generally known or readily ascertainable by others who can obtain economic value from its disclosure or use, and (2) is the subject of reasonable efforts, under the circumstances, to maintain its secrecy. - This definition states the majority view, which is found in the Uniform Trade Secrets Act. [Cases: Antitrust and Trade Regulation ~413. ] 2. Information that (1) is not generally known or ascertainable, (2) provides a competitive advantage, (3) has been developed at the plaintiff's expense and is used continuously in the plaintiff's business, and (4) is the subject of the plaintiff's intent to keep it confidential. This definition states the minority view, which is found in the Restatement of Torts § 757 (1939). [Cases: Antitrust and Trade Regulation] Intellectual property like know how, formulas, processes and confidential information giving the owner a competitive advantage. Unauthorized disclosure will bring harm to the owner.

Secrecy (секретность) The state or quality of being concealed, esp. from those who would be affected by the concealment; hidden.

Secret (тайна) 1. Something that is kept from the knowledge of others or shared only with those concerned. 2. Information that cannot be disclosed without a breach of trust; specif., information that is acquired in the attorney-client relationship and that either (1) the client has requested be kept private or (2) the attorney believes would be embarrassing or likely to be detrimental to the client if disclosed.

Intellectual property (интеллектуальная собственность). (1808) 1. A category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes trade-secret rights, publicity rights, moral rights, and rights against unfair competition. 2. A commercially valuable product of the human intellect, in a concrete or abstract form, such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret. - Abbr. IP.

Property (собственность) (14c) 1. The right to possess, use, and enjoy a determinate thing (either a tract ofland or a chattel); the right of ownership < the institution of private property is protected from undue governmental interference>. - Also termed bundle of rights. [Cases: Constitutional law] Property G~ 1. ] 2. Any external thing over which the rights of possession, use, and enjoyment are exercised < the airport is city property>. [Cases: Property 1].

doctrine(доктрина) (14c) L A principle, esp. a legal principle, that is Widely adhered to. 2. Archaic. HOLDING (1).

Liberation (освобождение) (15c) 1. The act or an instance of freeing someone or something. 2. Civil law. Final payment under a contract, thereby extinguishing the debt.

Alleged (мнимый) (-lejd), adj. (15c) 1. Asserted to be true as described. 2. Accused but not yet tried.

Disclosure (разоблачение), n. (16c) 1. The act or process of making known something that was previously unknown; a revelation of facts. See DISCOVERY.

Law (закон) (bef. 12c) 1. The regime that orders human activities and relations through systematic application of the force of politically organized society, or through social pressure, backed by force, in such a society; the legal system. 2. The aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative grounds of judicial and administrative action; esp., the body of rules, standards, and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them. 3. The set of rules or principles dealing with a specific area of a legal system. 4. The judicial and administrative process; legal action and proceedings. 5. A statute. Abbr. 1. 6. COMMON LAW. 7. The legal profession. " Some twenty years ago I pointed out two ideas running through definitions of law: one an imperative idea, an idea of a rule laid down by the lawmaking organ of a politically organized society, deriving its force from the authority of the sovereign; and the other a rational or ethical idea, an idea of a rule of right and justice deriving its authority from its intrinsic reasonableness or conformity to ideals of right and merely recognized, not made, by the sovereign. " Roscoe Pound, " More About the Nature of law, " in Legal Essays in Tribute to Orrin Kip McMurray at 513, 515 (1935). " All law is the law of a group of individuals or of groups made up of individuals. No one can make a law purely for himself. He may form a resolution, frame an ambition. or adopt a rule, but these are private prescriptions, not laws. " Tony Honore, Making Law Bind: Essays Legal and Philosophical 33 (1987). " It will help to distinguish three senses of the word 'law. ' The first is law as a distinctive social institution; that is the sense invoked when we ask whether primitive law is really law. The second is law as a collection of sets of propositions the sets we refer to as antitrust law, the law of torts, the Statute of Frauds, and so on. The third is law as a source of rights, duties, and powers, as in the sentence 'The law forbids the murdering heir to inherit. Richard A, Posner, The Problems of Jurisprudence 220-21 (1990).

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Act (акт/дело), n. (14c) L Something done or performed, esp. voluntarily; a deed. Also termed action. " '[Alet' or 'action' means a bodily movement whether voluntary or involuntary.... " Model Penal Code § 1. 13. 2. The process of doing or performing; an occurrence that results from a person's will being exerted on the external world; ACTION (2). - Also termed positive act; act ofcommission. " The term act is one of ambiguous import, being used in various senses of different degrees of generality. When it is said, however, that an act is one of the essential conditions of liability, we use the term in the widest sense of which it is capable. We mean by it any event which is subject to the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for the purpose of the law: ' John Salmond. jurisprudence 367 (Glanville L. Williams ed., 10th ed. 1947). 'The word 'act' is used throughout the Restatement of this Subject to denote an external manifestation of the actor's will and does not include any of its results, even the most direct, immediate, and intended. " Restatement (Second) ofTorts § 2 (1965).

Uniform Trade Secrets Act (единый (единообразный) законокоммерческойтайне) A 1979 model statute, . enacted by most states, defining trade secret differently from the common law by being at once broader (because there is no continuous-use requirement) and narrower (because information " readily ascertainable by proper means" cannot qualify). • The Act has three elements: (1) the information must qualify as a trade secret; (2) it must be misappropriated, either through wrongful means or by breaching a duty of confidentiality; and (3) the owner must have taken reasonable precautions to keep the information secret. - Abbr. UTSA. - Also termed Uniform Trade Secrets Protection Act. [Cases: Antitrust and Trade Regulation 411. ].

North American Free Trade Agreement (Североамериканское соглашение о свободной торговле)A 1994 agreement between the United States, Canada, and Mexico, designed to phase out all tariffs and eliminate many nontariffbarriers (such as quotas) inhibiting the free trade of goods between the participating nations. • Among other provisions, it set minimum standards for intellectual-property protection afforded other members' citizens. Negotiated at the same time as the GATT talks that produced TRIPs, NAFTA borrowed from many TRIPs provisions on intellectual-property protection, as by as protecting computer software and databases by copyright. While NAFTA incorporates by reference the Berne Convention standards of intellectual-property rights, it exempts the U. S. from recognizing Berne's moral rights. - Abbr. NAFTA. [Cases: Treaties].

Trade-Related Aspects of Intellectual Property Rights (Торговые аспекты прав интеллектуальной собственности) See TRIPS

TRIPs. abbr. Intellectual property. The Agreement on Trade-Related Aspects ofIntellectual Property Rights, a treaty that harmonized and strengthened the intellectual-property laws of its signatories by linking the obligation to protect the intellectual-property rights of other members' citizens with a mechanism for settling international trade disputes. _ TRIPs was negotiated at the 1994 Uruguay Round ofthe General Agreement on Tariffs and Trade (GATT). More than 150 nations are parties to the agreement. In the field of patents, TRIPs standardized patentable subject matter to include medicines, required testing for nonobviousness and utility, and protected patentees from infringing imports. In response to the agreement Congress (1) changed patent terms to 20 years from the date of application, rather than 17 years from the date ofissue; (2) allowed foreign filers to prove priority by inventive efforts that preceded filing; (3) widened the definition of infringement to cover offering for sale and importing; and (4) permitted provisional applications, with brief descriptions and no claims, to establish priority. 33 I. L. M. 1197. In the field ofcopyrights, TRIPs incorporates most ofthe provisions of the Berne Convention for the Protection of Literary or Artistic Works, and sets the length of copyright protection as the life of the author plus 50 years. In the field oftrademarks, TRIPs sets the initial term ofa trademark registration as not less than seven years, and makes it renewable indefinitely. Nations subject to TRIPs may make registrability dependent on use but may not require use as a condition for filing an application. Also written TRIPS. - Also termed TRIPs Agreement.

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common law (общееправо), n. [fro Law French commen ley " common law" ] (14c) 1. The body oflaw derived from judicial decisions, rather than from statutes or constitutions; CASELAW. Cf. STATUTORY LAW. [Cases: Common Law " Historically, [the common law] is made quite differently from the Continental code. The code precedes judg· ments; the common law follows them. The code articulates in chapters, sections, and paragraphs the rules in accordance with which judgments are given. The common law on the other hand is inarticulate until it is expressed in ajudgment. Where the code governs, it is the judge's duty to ascertain the law from the words which the code uses. Where the common law governs, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom and later judges followed his decision. They did not do so by construing the words of his judgment. They looked for the reason which had made him decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the principle of the case, not the words, which went into the common law. So historically the common law is much less fettering than a code. " Patrick Devlin, The Judge 177 (1979).

Industry (промышленность) (15c) 1. Diligence in the performance ofa task. 2. Systematic labor for some useful purpose; esp., work in manufacturing or production. 3. A particular form or branch of productive labor; an aggregate of enterprises employing similar production and marketing facilities to produce items having markedly similar characteristics.

Obligation (обязательство), n. (18c) 1. A legal or moral duty to do or not do something. • Ihe word has many wide and varied meanings. It may refer to anything that a person is bound to do or forbear from doing, whether the duty is imposed by law, contract, promise, social relations, courtesy, kindness, or morality. 2. A formal, binding agreement or acknowledgment of a liability to pay a certain amount or to do a certain thing for a particular person or set of persons; esp., a duty ariSing by contract. Also termed (in sense 2) civil obligation. See DUTY (1); LIABILITY (1). [Cases: Contracts C~ L] 3. Civil law. A legal relationship in which one person, the obligor, is bound to render a performance in favor ofanother, the obligee. La. Civ. Code art. 1756. " [I]n English-speaking countries an unfortunate habit has arisen of using 'obligation' in a lax manner as co· extensive with duties of every kind. " Frederick Pollock, A First Book ofJurisprudence 82 (1896). " Obligation in its popular sense is merely a synonym for duty. Its legal sense, derived from Roman law, differs from this in several respects. In the first place, obligations are merely one class of duties, namely, those which are the correlatives of rights in personam. An obligation is the vinculum jUFis, or bond of legal necessity, which binds together two or more determinate individuals.... Secondly, the term obligatio is in law the name, not merely of the duty, but also of the correlative right. It denotes the legal relation or vinculumjuFis in its entirety, including the right of the one party, no less than the liability of the other. Looked at from the point of view of the person entitled, an obligation is a right; looked at from the point of view of the person bound, it is a duty.... An obligation, therefore, may be defined as a proprietary right in personam or a duty which corresponds to such a right. " John Salmond, Jurisprudence 460 (Glanville L. Williams ed., 1Qth ed. 1947). " [I]n its more general acceptation, the word 'obligation' means something that the law or morals command a person to do, a command that is made effective by the imposition of a sanction if the person fails to obey or comply. When given that reference, the word 'obligation' is made synonymous with the word 'duty. ' In that sense it is said, for example, that all citizens of a certain age are under an obligation to fulfill their military duties.... " In another sense. the word 'obligation' means an instrument in writing, however informal, whereby one party con· tracts with another for the payment of a sum of money. In commercial law, for example, the word 'obligation' may mean a negotiable instrument.... " In the technical terminology of the civil codes, however, the word 'obligation' means a legal bond that binds two persons in such a way that one of them, the creditor or obligee, is entitled to demand from the other, the debtor or obligor, a certain performance. " Saul Litvinoff, 5 Louisiana Civil Law Treatise: The Law of Obligations 1-2 (2d ed. 2001).

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Restatement (повторноеизложение/пересмотр) One of several influential treatises published by the American Law Institute describing the law in a given area and guiding its development. • The Restatements use a distinctive format of black-letter rules, official comments, illustrations, and reporter's notes. Although the Restatements are frequently cited in cases and commentary, a Restatement provision is not binding on a court unless it has been officially adopted as the law by that jurisdiction's highest court. Restatements have been published in the following areas oflaw: Agency, Conflict of Laws, Contracts, Employment Law, Foreign Relations Law of the United States, Judgments, Law Governing Lawyers, Property, Restitution, Security, Suretyship and Guaranty, Torts, Trusts, and Unfair Competition. Also termed Restatement afthe Law. " We speak of the work which the organization should undertake as a restatement; its object should not only be to help make certain much that is now uncertain and to simplify unnecessary complexities, but also to promote those changes which will tend better to adapt the laws to the needs of life. The character of the restatement which we have in mind can be best described by saying that it should be at once analytical, critical and constructive. " Commit· tee on the Establishment of a Permanent Organization for the Improvement of the law (Elihu Root, chairman), Report Proposing the Establishment ofan American Law Institute, 1 All Proc. 14 (1923).

Tort (деликт) (16c) 1. A civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another. [Cases; Torts (;:::: 106. ] 2. (pl. ) The branch oflaw dealing with such wrongs. 'To ask concerning any occurrence 'Is this a crime or is it a tort? ' is to borrow Sir James Stephen's apt illustration no wiser than it would be to ask concerning a man 'Is he a father or a son? ' For he may well be both. " J. W. Cecil Turner, Kenny's Outlines of Criminal Law 543 (16th ed. 1952). " We may... define a tort as a civil wrong for which the remedy is a common-law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. " R. F. V. Heuston, Salmond on the Law of Tons 13 (17th ed. 1977). " It might be possible to define a tort by enumerating the things that it is not. It is not crime, it is not breach of contract, it is not necessarily concerned with property rights or problems of government, but is the occupant of a large residuary field remaining if these are taken out of the law. But this again is illusory, and the conception of a sort of legal garbage-can to hold what can be put nowhere else is of no help. In the first place, tort is a field which pervades the entire law, and is so interlocked at every point with property, contract and other accepted classifications that, as the student of law soon discovers, the categories are quite arbitrary. In the second, there is a central theme, or basis or idea, running through the cases of what are called torts, which, although difficult to put into words, does distinguish them in greater or less degree from other types of cases. " W. Page Keeton et aI., The Law of Torts § 1, at 2-3 (5th ed. 1984).

American Law Institute (американскийинститутправа) an organization of lawyers, judges, and legal scholars who promote consistency and simplification of American law by publishing the Restatements of the Law, and other model codes and treatises, as well as promoting continuing legal education. Abbr. ALI.

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National Conference of Commissioners on Uniform State Laws(Национальная конференция уполномоченных по вопросу единообразных законов штатов) an organization that drafts and proposes statutes for adoption by individual states, with the goal ofmaking the laws on various subjects uniform among the states. • Founded in 1892 and composed of representatives from all 50 states, the Conference has drafted more than 200 uniform laws, including the Uniform Commercial Code. - Abbr. NCCUSL. - Also termed Uniform Law Commissioners. See UNIFORM ACT; MODEL ACT; UNIFORM LAW.

Draft (проект), n. (17c) 1. An unconditional written order Signed by one person (the drawer) directing another person (the drawee or payor) to pay a certain sum of money on demand or at a definite time to a third person (the payee) or to bearer. • A check is the most common example of a draft. Also termed bill of exchange; letter of exchange. Cf. NOTE (1). [Cases: Banks and Banking 137, 189; Bills and Notes].

Draft (создавать проект (контракта)), vb. (18c) 1. To write or compose < to draft a contract>. 2. To recruit or select (someone) < to draft someone to run for political office> < to draft someone into the armed services>.

drafter (составительдокументов) (1884) A person who draws or frames a legal document, such as a will, contract, or legislative bill. Also termed draftsman.

Misappropriation (незаконное присвоение), n. (I8c) 1. The application ofanother's property or money dishonestly to one's own use. See EMBEZZLEMENT. Cf. APPROPRIATION; EXPROPRIATIO: -l (1). 2. Intellectual property. The common~law tort of using the noncopyrightable information or ideas that an organization collects and disseminates for a profit to compete unfairly against that organization, or copying a work whose creator has not yet claimed or been granted exclusive rights in the work. Int'l News Servo V. Associated Press, 248 U. S. 215, 29 S. Ct. 68 (1918). • The elements of misappropriation are: (1) the plaintiff must have invested time, money, or effort to extract the information, (2) the defendant must have taken the information with no similar investment, and (3) the plaintiff must have suffered a competitive injury because of the taking. [Cases: Copyrights and Intellectual Property C::: > 108. ] 3. The doctrine giving rise to such a tort claim. misappropriate, vb.

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disclosure (раскрытие), n. (16c) 1. The act or process of making known something that was previously unknown; a revelation of facts. See DISCOVERY.

maintain (поддерживать/сохранять), vb. (14c) 1. To continue (something). 2. To continue in possession of (property, etc. ). 3. To assert (a position or opinion); to uphold (a position or opinion) in argument. 4. To care for (property) for purposes of operational productivity or appearance; to engage in general repair and upkeep. 5. To support (someone) financially; esp. to pay alimony to. [Cases: Divorce ~ 231-247; Husband and Wife ~282-301. 16. (Of a third party to a lawsuit) to assist a litigant in prosecuting or defending a lawsuit; to meddle in someone else's litigation. [Cases: Champerty and Maintenance].

Royalty (гонорар) (1839) 1. Intellectual property. A payment in addition to or in place ofan up-front payment - made to an author or inventor for each copy of a work or article sold under a copyright or patent. • Royalties are often paid per item made, used, or sold, or per time elapsed. [Cases: Copyrights and Intellectual Property C-::: > 48; Patents <::: J217. 1. ].

Enrichment (обогащение) (l7c) The receipt of a benefit. Cf. U: '> IJUST ENRICHMENT.

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Adoption (принятие/утверждение), n. (I4c) 1. Family law. The creation of a parent-child relationship by judicial order between two parties who usu. are unrelated; the relation of parent and child created by law between persons who are not in fact parent and child. - This relationship is brought about only after a determination that the child is an orphan or has been abandoned, or that the parents' parental rights have been terminated by court order. Adoption creates a parent-child relationship between the adopted child and the adoptive parents with all the rights, privileges, and responsibilities that attach to that relationship, though there may be agreed exceptions. Adoption is distinguishable from legitimation and from fosterage. Adoption usu. refers to an act between persons unrelated by blood; legitimation refers to an act between persons related by blood. Universally, a decree of adoption confers legitimate status on the adopted child. Adoption is permanent; fosterage is a temporary arrangement for a child's care. See adopted child, foster child under CHILD. Cf. LEGITIMATION (2); FOSTER CARE (1). [Cases: Adoption C:::: > 1. ] " Although adoption is found in many societies, ancient and modern, primitive and civilized, and is recognized by the civil law, it was unknown at common law. Accordingly, adoption is entirely a creature of statute.... " Elias Clark et aI., Gratuitous Transfers: Wills, Intestate Succession, Trusts, Gifts, Future Interests, and Estate and Gift Taxation Cases and Materials 73~74 (4th ed. 1999).

competition (конкуренция) (16c) The struggle for commercial advantage; the effort or action of two or more commercial interests to obtain the same business from third parties.

fair competition (честнаяконкуренция) (17c) Open, equitable, and just competition between business competitors.

criminal statute (уголовноезаконодательство) See STATUTE

statute (законодательство) (I4c) A law passed by a legislative body; specif., legislation enacted by any lawmaking body, including legislatures, administrative boards, and municipal courts. - The term act is interchangeable as a synonym. For each of the subentries listed below, act is sometimes substituted for statute. - Abbr. S.; stat. [Cases: Statutes " [Wle are not justified in limiting the statutory law to those rules only which are promulgated by what we commonly call 'legislatures. ' Any positive enactment to which the state gives the force of a law is a 'statute, ' whether it has gone through the usual stages of legislative proceedings, or has been adopted in other modes of expressing the will of the people or other sovereign power of the state. In an absolute monarchy, an edict of the ruling sovereign is statutory law. Constitutions, being direct legislation by the people, must be included in the statutory law, and indeed they are examples of the highest form that the statute law can assume. Generally speaking, treaties also are statutory law, because in this country, under the provisions of the United States Constitution, treaties have not the force of law until so declared by the representatives of the people. " William M. Lile et aI., BriefMaking and the Use of Law Books 8 (3d ed. 1914).

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National Stolen Property Act(Национальный закон о похищенном имуществе) A federal statute that makes it a crime to transport, transmit, or transfer in interstate or foreign commerce goods or money worth $5, 000 or more if the person knows that the money or goods were obtained unlawfully. 18 USCA §§ 2311 et seq. Abbr. NSPA. [Cases: Receiving Stolen Goods ~1-4. ]

Economic Espionage Act (Закон об экономическом шпионаже) Trade secrets. A 1996 federal statute criminalizing the misappropriation of trade secrets and providing criminal penalties for industrial espionage by or for a foreign entity. • The Act also applies to one who knowingly receives, purchases, or possesses stolen trade-secret information. 18 USCA §§ 1831-1839. Sometimes termed Industrial Espionage Act.

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gain (прирост/прибыль), n. (14c) 1. An increase in amount, degree, or value.

Computer Fraud and Abuse Act (CFAA) – Title 18 U. S. C., Statute 1030 – is a law designed to address legal and illegal access to federal and financial IT systems. It was intended to reduce cracking of computer systems and to address federal computer-related offenses. The CFAA is the actual federal law which makes it illegal to hack/crack a governmental computing system. It deals with: cases with a compelling federal interest, cases in which computers of the federal government or certain financial institutions are involved, cases in which the crime itself is interstate in nature, cases in which computers are used in interstate and foreign commerce.

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congress (конгресс), n. (l6c) 1. A formal meeting of delegates or representatives; CONVENTION (4). 2. (cap. ) The legislative body of the federal government, created under u. s. Const. art. I, § 1 and consisting of the Senate and the House of Representatives. [Cases: United States 7. ] congressional, adj.

Tariff Act of 1930 (Закон о тарифах 1930 года). See SMOOT-HAWLEY TARIFF ACT.

Smoot-Hawley Tariff Act (Закон о тарифах Смута-Хоули). Hist. A 1930 protectionist statute that raised tariff rates on most articles imported into the U. S., and provoked U. S. trading partners to institute comparable tariff increases. • This act is often cited as a factor in precipitating and spreading the Great Depression. The Act was named for the legislators who sponsored it, Senator Reed Smoot of Utah and Representative Willis C. Hawley ofOregon. It is sometimes called the Grundy Tarifffor Joseph Grundy, who was president ofthe Pennsylvania Manufacturers Association and the chieflobbyist supporting the Act. -Also termed Tariff Act of 1930.

International Trade Commission (Комиссия по международной торговле). See UNITED STATES INTERNATIONAL TRADE COMMISSION

United States International Trade Commission. An independent federal agency that compiles information on international trade and tariffs; reports its findings and recommendations to the President, the U. S. Trade Representative, and Congressional Committees; and conducts investigations into international trade relief. -Abbr. USITC. [Cases: Customs Duties 21. 5, 72. ].

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Federal Circuit (федеральный округ) See COURT OF APPEALS FOR THE FEDERAL CIRCUIT.

court of appeals (апелляционный суд) (17c) 1. An intermediate appellate court. - Also termed (as in California and England) court ofappeal. See appellate court. 2. In New York and Maryland, the highest appellate court within the jurisdiction. [Cases: Courts (::::: > 226, 237(1). ].

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proposal (предложение). Something offered for consideration or acceptance.

Threat (опасность), n. (bef. 12c) 1. A communicated intent to inflict harm or loss on another or on another's property, esp. one that might diminish a person's freedom to act voluntarily or with lawful consent < a kidnapper's threats of violence>. [Cases: Extortion and Threats (.;:::: 025. 1. ]

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trade (торговля), n. (14c) 1. The business of buying and selling or bartering goods or services; COMMERCE.

American Intellectual Property Law Association (Американская ассоциация права интеллектуальной собственности). A national bar association of lawyers who practice patent, trademark, copyright, trade-secret, and unfair-competition law. • The association was formerly known as the American Patent Law Association. Membership is also open to law students who are interested in intellectual property law. -Abbr. AIPLA.

United States Patent and Trademark Office (Бюро по патентам и товарным знакам Соединенных Штатов). The Department of Commerce agency that examines patent and trademark applications, issues patents, registers trademarks, and furnishes patent and trademark information and services to the public. Abbr. PTO; USPTO. Often shortened to Patent Office; Trademark Office.

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defend (защищать), vb. (14c) l. To deny, contest, or oppose (an allegation or claim) < the corporation vigorously defended against the shareholder's lawsuit>. 2. To represent (someone) as an attorney < the accused retained a wellknown lawyer to defend him>.

Defend Trade Secrets Act (Закон о защите коммерческой тайны) creates federal jurisdiction over the theft of trade secrets. This means trade secret owners can now bring lawsuits under federal law as well as state law, giving plaintiffs more options. It does not replace the state trade secret laws but gives an extra layer of protection. The DTSA applies only to products or services in interstate or foreign commerce.

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Private Right of Action Against Theft of Trade Secrets Act of 2013(Закон о частном праве на иск против кражи коммерческой тайны 2013 года) - Amends the Economic Espionage Act of 1996 to authorize any person who suffers injury by reason of a violation of prohibitions against the theft of trade secrets to maintain a civil action against the violator for appropriate compensatory damages and injunctive or other equitable relief.

FAIR Act(Закон о будущем американских инноваций и исследований 2013 года) Future of American Innovation and Research Act of 2013.

ex parte (одностороннее/с участием одной стороны) is used in law to refer to court proceedings for the benefit of one party to a controversy, without the other being present. This is an exception to basic court procedure, which requires that both parties be present at any argument or proceeding, and that neither party may have contact with a judge without previously notifying the other party. Ex parte matters usually involve emergency requests, and often result in temporary orders pending a hearing on the matter. To explore this concept, consider the following ex parte definition.

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judiciary (судебный) (joo-dish-ee-er-ee or joo-dish-< }-ree), n. (ISc) 1. The branch of government responsible for interpreting the laws and administering justice. Cf. EXECUTIVE (1); LEGISLATURE. [Cases: Constitutional Law C: => 2450-2609; Judges C: => 1. ]2. A system ofcourts. 3. A body of judges. -Also termed (in sense 3) judicature. -judiciary, adj.

Theft (кража), n. (bef. 12c) 1. The felonious taking and removing ofanother's personal property with the intent of depriving the true owner of it; larceny. [Cases: Larceny C:: > 1. ] 2. Broadly, any act or instance ofstealing, including larceny, burglary, embezzlement, and false pretenses. • Many modern penal codes have consolidated such property offenses under the name " theft. " Also termed (in Latin) crimen furti. See LARCENY. Cf. ROBBERY. " [Tlhe distinctions between larceny, embezzlement and false pretenses serve no useful purpose in the criminal law but are useless handicaps from the standpoint of the administration of criminal justice. One solution has been to combine all three in one section of the code under the name of 'larceny. ' This has one disadvantage, however, because it frequently becomes necessary to add a modifier to make clear whether the reference is to common-law larceny or to statutory larceny. To avoid this difficulty some states have employed another word to designate a statutory offense made up of a combination of larceny, embezzlement, and false pretenses. And the word used for this purpose is 'theft. ''Theft' is not the name of any common-law offense. At times it has been employed as a synonym of 'larceny, ' but for the most part has been regarded as broader in its general scope. Under such a statute it is not necessary for the indictment charging theft to specify whether the offense is larceny, embezzlement or false pretenses. " Rollin M. Perkins & Ronald N. Boyce, Criminal Law 389-90 (3d ed. 1982).

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trademark (торговая марка), n. (1838) 1. A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. •The main purpose of a trademark is to deSignate the source of goods or services. In effect, the trademark is the commercial substitute for one's signature.

To receive federal protection, a trademark must be (1) distinctive rather than merely descriptive or generic; (2) affixed to a product that is actually sold in the marketplace; and (3) registered with the U. S. Patent and Trademark Office. In its broadest sense, the term trademark includes a servicemark. Unregistered trademarks are protected under common-law only, and distinguished with the mark " TM. " -Often shortened to mark. Cf. SERVICEMARK. [Cases: Trademarks 1021. } 2. The body of law dealing with how businesses distinctively identify their products. Abbr. TM. See LANHAM ACT. Cf. SERVICEMARK; registered trademark; BRAND; TRADENAME. " The protection of trademarks is the law's recognition of the psychological function of symbols. If it is true that we live by symbols, it is no less true that we purchase goods by them. A trade-mark is a merchandising short· cut which induces a purchaser to select what he wants, or what he has been led to believe he wants. The owner of a mark exploits this human propensity by making every effort to impregnate the atmosphere of the market with the drawing power of a congenial symbol. Whatever the means employed, the aim is the same to convey through the mark, in the minds of potential customers, the desirability ofthe commodity upon which it appears. Once this is attained, the trademark owner has something of value. If another poaches upon the commercial magnetism of the symbol he has created, the owner can obtain legalredress. " Mishawaka Rubber & Woolen Mfg. Co. v, 5. S. Kresge Co. • 316 U. s. 203, 205, 62 S. Ct. 1022, 1024 (1942) (Frankfurter, j. ). " A trademark functions on three different levels: as an indication of origin or ownership, as a guarantee of constancy of the quality or other characteristics of a product or service, and as a medium of advertisement. Thus, a trademark guarantees, identifies, and sells the product or service to which it refers. These three facets of a trademark -of differing importance at different times, in different lines of business and for different products or services --- are somewhat correlative. The classical function, that of identification, has been primarily responsible for molding the development of trademark law. The significance of the guarantee function has been somewhat exaggerated, while the implications of the advertisement function still await full recognition in the law. " 3 Rudolf Call mann. The Law of Unfair Competition, Trademarks and Monopolies § 17. 01, at 2 (4th ed. 1998).

The Trade-Mark Cases, 100 U. S. 82 (1879), were a set of three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 unanimously[1] ruled that the Copyright Clause of the Constitution gave Congress no power to protect or regulate trademarks.

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Commerce Clause (положение о торговле). (1868) U. S. Const. art. I, § 8, cl. 3, which gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes. [Cases: Commerce ~10, 12. ]

Authority (власть/орган власти) In contracts. The lawful delegation of power by one person to another. In the English law relating to public administration, an authority is a body having jurisdiction in certain matters of a public nature. In governmental law. Legal power; a right to command or to act; the right and power of public officers to require obedience to their orders lawfully issued in the scope of their public duties. Authority to execute a deed must be given by deed. Com. Dig. “Attorney, ” C, 5; 4 Term, 313; 7 Term, 207; 1 Holt, 141; Blood v. Goodrich, 9 Wend. (N. Y. ) 68, 75, 24 Am. Dec. 121; Banorgee v. Hovey, 5 Mass. 11, 4 Am. Dec. 17; Cooper v. Rankin, 5 Bin. (Pa. ) 613.

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Uniformity Clause (Положение о единообразии) (1881) the clause of the U. S. Constitution requiring the uniform collection of federal taxes. U. S. Const. art. I, § 8, d. 1. [Cases: Internal Revenue (::: J3022. ]

Uniformity (единообразие) the quality or fact of being the same, or of not changing or being different in any way.

Claim (претензия), n. (13c) 1. The aggregate of operative facts giving rise to a right enforceable by a court < the plaintiff's short, plain statement about the crash established the claim>. Also termed claim for relief (1808). 2. The assertion ofan existing right; any right to payment or to an equitable remedy, even ifcontingent or provisional < the spouse's claim to half ofthe lottery winnings>, 3. A demand for money, property, or a legal remedy to which one asserts a right; esp" the part of a complaint in a civil action specifying what relief the plaintiff asks for, [Cases: Federal Civil Procedure (;::: J680; Pleading (;::: J, 72. ].

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preemption (преимущественное право) (pree-emp-shan), n. (lSc) 1. The right to buy before others. See RIGHT OF PREEMPTION. [Cases: Contracts (; =·16. 5; Sales (; ='24; Vendor and Purchaser C=> 18(. 5). ]2. The purchase of something under this right. 3. An earlier seizure or appropriation. 4. The occupation of public land so as to establish a preemptive title. [Cases: Public Lands 5. Constitutional law. The principle (derived from the Supremacy Clause) that a federal law can supersede or supplant any inconsistent state law or regulation. -Also termed (in sense 5) federal preemption. See COMPLETE-PREEMPTION DOCTRINE. [Cases: States C;:. 18. 3. ] preempt, vb. preemptive, adj

court (суд), n. (12c) 1. A governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice < a question of law for the court to decide>. " A court... is a permanently organized body, with independent judicial powers defined by law, meeting at a time and place fixed by law for the judicial public administration of justice. " 1 Williamj. Hughes, Federal Practice, Jurisdiction & Procedure § 7, at 8 (1931). 2. " The judge or judges who sit on such a governmental body < the court asked the parties to approach the bench>. 3. A legislative assembly < in Massachusetts, the General Court is the legislature>. 4. The locale for a legal proceeding < an out-of-court statement>. 5. The building where the judge or judges convene to adjudicate disputes and administer justice < the lawyers agreed to meet at the court at 8: 00 a. m. >. - Also termed (in sense 5) courthouse.

Supreme court (верховный суд) (17c) 1. (cap. ) SUPREME COURT OF THE UNITED STATES. 2. An appellate court existing in most states, usu. as the court oflast resort. [Cases: Courts (> 91(1). ] 3. In New York, a court of general jurisdiction with trial and appellate divisions. • The Court of Appeals is the court oflast resort in New York. 4. SCPREME COURT OF JUDICATURE. Abbr. S. c.; S. Ct.; Sup. Ct.

Supreme Court of Appeals (верховный апелляционный суд) The highest court in West Virginia. [Cases: Courts (:::: > 252. ]

legislation (законодательство) (17c) 1. The process of making or enacting a positive law in written form, according to some type of formal procedure, by a branch of government constituted to perform this process. -Also termed lawmaking; statute-making. 2. The law so enacted. 3. The whole body of enacted laws.

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violation (правонарушение), n. (I5c) 1. An infraction or breach of the law; a transgression. See INFRACTION. 2. The act of breaking or dishonoring the law; the contravention of a right or duty. 3. Rape; ravishment. 4. Under the Model Penal Code, a public welfare offense. • In this sense, a violation is not a crime. See Model Penal Code § 1. 04(5). - violate, vb. violative (vI-a-lay-tiv), adj. -violator, n.

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statutory interpretation (толкование законодательства) See STATUTORY CONSTRUCTION

statutory construction (нормативное законодательство) (1813) 1. The act or process of interpreting a statute. 2. Collectively, the principles developed by courts for interpreting statutes. Also termed statutory interpretation. See CONSTRUCTION (2). [Cases: Statutes (;: "::: '·l74-247. ] " [Tlhere is not, and probably never can be, anything meriting the description of a coherent body of case·law on statutory interpretation as a whole as distinct from the interpretation of a particular statute. " Rupert Cross, Statutory Interpretation 39 (1976).

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proponent (сторонник), n. (16c) 1. A person who puts forward a legal instrument for consideration or acceptance; esp., one who offers a will for probate. Also termed propounder. [Cases: Wills ~211, 219. ] 2. A person who puts forward a proposal; one who argues in favor of something < a proponent ofgun control>. 3. Parliamentary law. A member who speaks in favor of a pending motion. Cf. OPPONENT (3).

Benefit (прибыль/выгода), n. (14c) 1. Advantage; privilege < the benefit of owning a car>. 2. Profit or gain; esp., the consideration that moves to the promise < a benefit received from the sale>. Also termed legal benefit; legal value. Cf. DETRIMENT (2)

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The Rules Enabling Act (законы разрешительного характера) (ch. 651, USStatute) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules. The creation and revision of rules pursuant to the Rules Enabling Act is usually carried out by the Judicial Conference of the United States, the policymaking body of the United States federal courts. While the courts exercised rulemaking powers granted to them under the Act without Congressional intervention for nearly forty years, Congress refused to allow the Federal Rules of Evidence to go into effect after their approval by the Supreme Court in 1973. The Rules of Evidence were eventually passed, with substantial changes, as legislation by Congress. Because of Congress's intervention in 1973 and subsequent years, the rulemaking powers granted to the judiciary by the Act have been reduced, causing the Act to command less importance in recent years. However, the Act still prevents litigants from challenging the validity of constitutional Federal Rules via the Erie Doctrine.

Forum (форум), n. (I5c) 1. A public place, esp. one devoted to assembly or debate. See PUBLICFORUM; NONPUBLIC FORUM. 2. A court or other judicial body; a place of jurisdiction. PI. forums, fora.

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district court (окружной суд) (I8c) 1. A trial court having general jurisdiction within its judicial district. Abbr. D. C. [Cases: Courts 191. ] 2. Scots law. A local court, usu. staffed by lay magistrates, with jurisdiction over petty crimes.

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regime (режим) (r; }-zheem or ray-zheern). (18c) 1. A system of rules, regulations, or government < the community property regime>. 2. A particular administration or government, esp. an authoritarian one. - Also spelled regime.

international regime(международный режим) A set of norms of behavior and rules and policies that cover international issues and that facilitate substantive or procedural arrangements among countries.

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right, n (bef. 12c) 1. that which is proper under law, morality, or ethics < know right from wrong>. 2. Something that is due to a person by just claim, legal guarantee, or moral principle < the right of liberty>. 3. A power, privilege, or immunity secured to a person by law < the right to dispose of one's estate>. 4. A legally enforceable claim that another will do or will not do a given act; a recognized and protected interest the violation ofwhich is a wrong < a breach of duty that infringes one's right>. 5. (often pl. ) The interest, claim, or ownership that one has in tangible or intangible property < a debtor's rights in collateral> < publishing rights>. 6. The privilege of corporate shareholders to purchase newly issued securities in amounts proportionate to their holdings. 7. The negotiable certificate granting such a privilege to a corporate shareholder.

patent (pat-ant) (патент), n. (14c) 1. The governmental grant ofa right, privilege, or authority. 2. The official document so granting. -Also termed public grant. See LETTERS PATENT.

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AmericaInventsAct (AIA) (американский закон об изобретениях) is a United States federal statute that was passed by Congress and was signed into law by President Barack Obama on September 16, 2011. It amends Chapter 35 of the U. S. Code.

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diversity (разнообразие), n. 1. DIVERSITY OF CITIZENSHIP. 2. Ethnic, socioeconomic, and gender heterogeneity within a group; the combination within a population ofpeople with different backgrounds. • The Supreme Court has found diversity in education to be a compelling government interest that can support a narrowly tailored affirmative-action plan. Grutter v. Bollinger, 123 S. Ct. 2325 (2003). 3. Hist. A plea that a prisoner to be executed is not the one that was accused and found guilty, at which point a jury is immediately impaneled to try the issue ofthe prisoner's identity.

Diversity (разнообразный), adj. Of, relating to, or involving diversity jurisdiction < a diversity case>.

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state (государство/штат), n. (16c) 1. The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people < separation of church and state>. Also termed political society. Cf. NATION. [Cases: International Law ~3. ] " A STATE is a community of persons living Within certain limits of territory, under a permanent organization which aims to secure the prevalence of justice by self-imposed law. The organ of the state by which its relations with otherstates are managed is the government. " Theodore D. Woolsey, Introduction to the Study of International Law § 36, at 34 (5th ed. 1878). " A state or political society is an association of human beings established for the attainment of certain ends by certain means. It is the most important of all the various kinds of society in which men unite, being indeed the necessary basis and condition of peace, order, and civilisation. What then is the difference between this and other forms of association? In what does the state differ from such other societies as a church, a university, a joint·stock company, or a trade union? The difference is clearly one of function. The state must be defined by reference to such of its activities and purposes as are essential and characteristic. " John Salmond, Jurisprudence 129 (Glanville L. Williams ed., 10th ed. 1947). 'A state is an institution, that is to say, it is a system of relations which men establish among themselves as a means of securing certain objects, of which the most fundamental is a system of order within which their activities can be carried on. Modern states are territorial; their governments exercise control over persons and things within their frontiers, and today the whole of the habitable world is divided between about seventy of these territorial states. A state should not be confused with the whole community of persons living on its territory; it is only one among a multitude of other institutions, such as churches and corporations, which a community establishes for securing different objects, though obviously it is one of tremendous importance; none the less it is not, except in the ideology of totalitarianism, an all·embracing institution, not something from which, or within which, all other institutions and associations have their being; many institutions, e. g, the Roman Catholic Church, and many associations, e. g. federations of employers and of workers, transcend the boundaries of any single state. " J. L. Brierly, The Law of Nations 118 (5th ed. 1955).

entrepreneur (предприниматель) is a person who sets up businesses and business deals.

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