As used in this act, unless the context requires otherwise:
(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement
of a breach of a duty to maintain secrecy, or espionage through electronic or other
(2) “Misappropriation” means:
(i) 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
(ii) disclosure or use of a trade secret of another without express or implied consent
by a person who
(A) used improper means to acquire knowledge of the trade secret; or
(B) at the time of disclosure or use, knew or had reason to know that his 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
(C) before a material change of his 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 legal or commercial entity.
(4) “Trade secret” means information, including a formula, pattern, compilation, program,
device, method, technique, or process, that:
(i) derives independent 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
(ii) is the subject of efforts that are reasonable under the circumstances to maintain
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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