Creates an legal claim for unfair competition against any person who manufactures an article or product while using stolen or misappropriated information technology to manufacture products offered for sale in Washington. This act sets out remedies and damages available to a claimant. This act prohibits bringing an action when the end work product is subject to US copyright laws, or when the person subject to this act is notified about the stolen information and ceases to use it within ninety days of receiving written notice. This act also creates procedural requirements for such actions and recovery of damages. (Companion: SB 5449).   Official Text and Analysis.

To create a new civil cause of action against businesses that use stolen or misappropriated information technology (IT) to manufacture products sold in Washington in competition with products that do not use stolen or misappropriated IT, subject to certain exemptions. The substitute also allows a court to order that a product made using stolen or misappropriated IT not be sold in Washington or award damages, as well as other modifications to the original bill.

To makes the act take effect beginning on August 1, 2012, rather than 90 days after final adjournment of the legislative session.

To create a new civil cause of action against businesses that use stolen or misappropriated information technology (IT) to manufacture products sold in Washington in competition with products that do not use stolen or misappropriated IT, subject to certain exemptions.

To clarify that the written notice provided to a third party alleging the use of stolen IT must be properly served to a third party’s agent for service of process. Clarifies that a court may award costs and reasonable attorneys’ fees to a third party for all litigation expenses, including without limitation, discovery expenses.

To remove the new cause of action against manufacturers and third parties, and instead requires the Joint Legislative Audit and Review Committee (JLARC) to study issues related to the use of stolen IT and report its findings and recommendations to the Legislature by December 1, 2012.

Creates a new civil cause of action against businesses that use stolen or misappropriated information technology (IT) to manufacture products sold in Washington in competition with products that do not use stolen or misappropriated IT, subject to certain exemptions.

House concurred in Senate amendments. This bill creates a new civil cause of action against businesses that use stolen or misappropriated information technology (IT) to manufacture products sold in Washington in competition with products that do not use stolen or misappropriated IT, subject to certain exemptions.

Creates a new civil cause of action against businesses that use stolen or misappropriated information technology (IT) to manufacture products sold in Washington in competition with products that do not use stolen or misappropriated IT, subject to certain exemptions.