§ 4601. Definitions
As used in this chapter:
(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:
(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 the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his or her 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 his or her 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) “Trade secret” means information, including a formula, pattern, compilation, program,
device, method, technique, or process, that:
(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; and
(B) is the subject of efforts that are reasonable under the circumstances to maintain
its secrecy. (Added 1995, No. 90 (Adj. Sess.), § 1.)
§ 4602. Injunctive relief
(a) A court may enjoin actual or threatened misappropriation of a trade secret. Upon application
to the court, an injunction shall be terminated when the trade secret has ceased to
exist, but the injunction may be continued for an additional reasonable period of
time in order to eliminate commercial advantage that otherwise would be derived from
the misappropriation.
(b) In exceptional circumstances, an injunction may condition future use upon payment
of a reasonable royalty for no longer than the period of time for which use could
have been prohibited. Exceptional circumstances include a material and prejudicial
change of position prior to acquiring knowledge or reason to know of misappropriation
that renders a prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled
by court order. (Added 1995, No. 90 (Adj. Sess.), § 1; amended 2013, No. 199 (Adj. Sess.), § 17.)
§ 4603. Damages
(a)(1) Except to the extent that a material and prejudicial change of position prior to acquiring
knowledge or reason to know of misappropriation renders a monetary recovery inequitable,
a complainant is entitled to recover damages for misappropriation.
(2) Damages can include both the actual loss caused by misappropriation and the unjust
enrichment caused by misappropriation that is not taken into account in computing
actual loss.
(3) In lieu of damages measured by any other methods, the damages caused by misappropriation
may be measured by imposition of liability for a reasonable royalty for a misappropriator’s
unauthorized disclosure or use of a trade secret.
(4) A court shall award a substantially prevailing party his or her costs and fees, including
reasonable attorney’s fees, in an action brought pursuant to this chapter.
(b) If malicious misappropriation exists, the court may award punitive damages. (Added 1995, No. 90 (Adj. Sess.), § 1; amended 2013, No. 199 (Adj. Sess.), § 17.)
§ 4604. [Reserved.]
§ 4605. Preservation of secrecy
In an action under this chapter, a court shall preserve the secrecy of an alleged
trade secret by reasonable means, which may include granting protective orders in
connection with discovery proceedings, holding in-camera hearings, sealing the records
of the action, and ordering any person involved in the litigation not to disclose
an alleged trade secret without prior court approval. (Added 1995, No. 90 (Adj. Sess.), § 1.)
§ 4606. [Reserved.]
§ 4607. Effect on other law
(a) Except as provided in subsection (b) of this section, this chapter displaces conflicting
tort, restitutionary, and any other law of this State providing civil remedies for
misappropriation of a trade secret.
(b) This chapter does not affect:
(1) contractual remedies, whether or not based upon misappropriation of a trade secret;
(2) other civil remedies that are not based upon misappropriation of a trade secret; or
(3) criminal remedies, whether or not based upon misappropriation of a trade secret. (Added 1995, No. 90 (Adj. Sess.), § 1; amended 2013, No. 199 (Adj. Sess.), § 17.)
§ 4608. Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make
uniform the law with respect to the subject of this chapter among states enacting
it. (Added 1995, No. 90 (Adj. Sess.), § 1.)
§ 4609. Time of taking effect
This chapter shall take effect on July 1, 1996 and does not apply to misappropriation
occurring prior to the effective date. With respect to a continuing misappropriation
that began prior to the effective date, the chapter also does not apply to the continuing
misappropriation that occurs after the effective date. (Added 1995, No. 90 (Adj. Sess.), § 1.)