44-401

44-401. Definitions

In this chapter, unless the context otherwise requires:

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 means.

2. "Misappropriation" means either:

(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.

(b) Disclosure or use of a trade secret of another without express or implied
consent by a person who either:

(i) Used improper means to acquire knowledge of the trade secret.

(ii) At the time of disclosure or use, knew or had reason to know that his
knowledge of the trade secret was derived from or through a person who had utilized
improper means to acquire it, was acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use or was derived from or through a person who owed a
duty to the person seeking relief to maintain its secrecy or limit its use.

(iii) 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 both:

(a) 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.

(b) Is the subject of efforts that are reasonable under the circumstances to
maintain its secrecy.