5302 - Definitions.

     § 5302.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Improper means."  Includes, but is not limited to, theft,     bribery, misrepresentation, breach or inducement of a breach of     a duty to maintain secrecy or espionage through electronic or     other means.        "Misappropriation."  Includes:            (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:                (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:                    (A)  derived from or through a person who had                utilized improper means to acquire it;                    (B)  acquired under circumstances giving rise to                a duty to maintain its secrecy or limit its use; or                    (C)  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 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.        "Person."  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."  Information, including a formula, drawing,     pattern, compilation including a customer list, 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.            (2)  Is the subject of efforts that are reasonable under        the circumstances to maintain its secrecy.        "Willful and malicious."  Such intentional acts or gross     neglect of duty as to evince a reckless indifference of the     rights of others on the part of the wrongdoer, and an entire     want of care so as to raise the presumption that the person at     fault is conscious of the consequences of his carelessness.