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Intellectual Property News
Man Pleads Guilty To Stealing Morgan Stanley Trade Secrets
MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, announced today that IRA S. CHILOWITZ, 44, pleaded guilty yesterday in Manhattan federal court to charges relating to the theft, from CHILOWITZ’s former employer, Morgan Stanley & Co. ("Morgan Stanley"), of proprietary information regarding hedge funds. According to the felony Information to which CHILOWITZ pleaded guilty, statements made at his plea, and other documents publicly filed in this case:
Morgan Stanley’s Prime Brokerage Division provides financial and administrative services to numerous hedge funds. As a consultant to Morgan Stanley in its Information Technology Department, CHILOWITZ was responsible for establishing secure computer connections between Morgan Stanley and its Prime Brokerage clients. In this position, CHILOWITZ had access to numerous confidential and proprietary documents belonging to Morgan Stanley, including a list of all of Morgan’s Prime Brokerage hedge fund clients (the "Client Rate List") and the formulas used to calculate rates paid by clients to Morgan for certain prime brokerage services. Data in the Client Rate List is not generally known to the public and is valuable to competitors of Morgan.
From about December 2005 until about February 2006, CHILOWITZ conspired with another individual ("CC-1") -- who was a former Morgan Stanley client service representative -- to misappropriate the Client Rate List and to transmit it, via e-mail, to CC-1. CHILOWITZ admitted in Court during his guilty plea that he took the confidential and proprietary information from Morgan Stanley because it would potentially assist him and CC-1 in generating business for a consulting firm they had planned to form. Read more at newyork.fbi.gov.
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Definition:
A common-law form of unfair competition where the defendant has copied or appropriated some item or creation of the plaintiff that is not protected by either patent law, copyright law, trademark law, or any other traditional theory of exclusive rights.
Transfer of copyright ownership
Definition:
This is the act of transferring any or all of the exclusive rights comprised in a copyright from the copyright owner to another person or institution. Ownership is generally transferred through an assignment, mortgage, or exclusive license, whether or not it is limited in time or place of effect, but not including a nonexclusive license.
Publication
Definition:
Publication is the dissemination of copies of a work to the public by sale or by transferring ownership, rental, lease or lending.
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