Title 10, Chapter 1, Section 761
( 10-1-761)
As used in this article, the term: (1) "Improper means" includes theft, bribery, misrepresentation,
breach or inducement of a breach of a confidential relationship or
other duty to maintain secrecy or limit use, or espionage through
electronic or other means. Reverse engineering of a trade secret
not acquired by misappropriation or independent development shall
not be considered improper means. (2) "Misappropriation" means: (A) Acquisition of a trade secret of another by a person who
knows or has reason to know that the trade secret was acquired
by improper means; or (B) Disclosure or use of a trade secret of another without
express or implied consent by a person who: (i) Used improper means to acquire knowledge of a trade
secret; (ii) At the time of disclosure or use, knew or had reason to
know that knowledge of the trade secret was: (I) Derived from or through a person who had utilized
improper means to acquire it; (II) Acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use; or (III) Derived from or through a person who owed a duty to
the person seeking relief to maintain its secrecy or limit
its use; or (iii) Before a material change of position, knew or had reason
to know that it was a trade secret and that knowledge of it
had been acquired by accident or mistake. (3) "Person" means a natural person, corporation, business trust,
estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or any other for
profit or not for profit legal or commercial entity. (4) "Trade secret" means information, without regard to form,
including, but not limited to, technical or nontechnical data, a
formula, a pattern, a compilation, a program, a device, a method,
a technique, a drawing, a process, financial data, financial
plans, product plans, or a list of actual or potential customers
or suppliers which is not commonly known by or available to the
public and which information: (A) Derives economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value
from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy. |