[§482B-2]  Definitions.  As used in this
chapter, unless the context requires otherwise:



"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.



"Misappropriation" means:



(1)  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



(2)  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 the person's 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 the person's
position, knew or has reason to know that it was a trade secret and that
knowledge of it had been acquired by accident or mistake.



"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.



"Trade secret" means information,
including a formula, pattern, compilation, program device, method, technique,
or process that:



(1)  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



(2)  Is the subject of efforts that are reasonable
under the circumstances to maintain its secrecy. [L 1989, c 221, pt of §1]



 



Case Notes



 



  Trade secrets may be subject to equitable division pursuant
to §580-47, depending upon when the right to the trade secret vested.  99 H.
101, 53 P.3d 240.