3426. This title may be
cited as the Uniform Trade Secrets Act.
3426.1. As used in this title, unless the context requires
otherwise:
(a) "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. Reverse engineering
or
independent derivation alone shall not be considered improper means.
(b) "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 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
(C) 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.
(c) "Person" means a natural person, corporation, business
trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, governmental subdivision or agency, or any
other legal or commercial entity.
(d) "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 the public or to 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.