Bill Text: WV SCR57 | 2019 | Regular Session | Introduced


Bill Title: Requesting study state measures to strengthen and modernize protections for trade secrets and intellectual property

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-03-09 - Ordered to House [SCR57 Detail]

Download: West_Virginia-2019-SCR57-Introduced.html

SENATE CONCURRENT RESOLUTION 57

(By Senators Azinger, Baldwin, Beach, Boso, Clements, Hardesty, Jeffries, Lindsay, Maynard, Romano, Rucker, Smith, Weld, Woelfel, and Trump)

[Originating in the Committee on the Judiciary;
Reported on March 7, 2019]

 

Requesting the Joint Committee on Government and Finance study state measures to strengthen and modernize the protections for trade secrets and intellectual property.

Whereas, In 1986, the Legislature of West Virginia enacted into state law the Uniform Trade Secrets Act proposed by the Uniform Law Commission and, since that time, this act has not been amended by the Legislature, nor has the Uniform Law Commission adopted updates to the model law; and

Whereas, Social and technical innovation in the past three decades has led to a broader understanding of the types of information that may be considered intellectual property having important commercial value but may not be covered by existing trade secrets law; and

Whereas, International agreements between the United States and its trading partners incorporate new definitions of intellectual property and assurances of minimum, required protections; and

Whereas, The law of trade secrets is developing at many levels with different approaches occurring with the states, federal legislation and rules, and international law; and

Whereas, There is now an opportunity for West Virginia to move into the lead with intellectual property protections and to provide carefully considered and forward-looking protections that will encourage entrepreneurs and established corporations to locate within the state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study state measures to strengthen and modernize the protections for trade secrets and intellectual property; and, be it

Further Resolved, That in conducting this study, the committee shall include an evaluation of trade secret and intellectual property protections in other states and at the federal level; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2020, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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