§ 6-41-1 - Definitions.
SECTION 6-41-1
§ 6-41-1 Definitions. – As used in this chapter, unless the context requires otherwise:
(1) "Improper means" includes theft, bribery,misrepresentation, breach or inducement of a breach of a duty to maintainsecrecy, or espionage through electronic or other means;
(2) "Misappropriation" means:
(i) Acquisition of a trade secret of another by a person whoknows or has reason to know that the trade secret was acquired by impropermeans; or
(ii) Disclosure or use of a trade secret of another withoutexpress or implied consent by a person who:
(A) Used improper means to acquire knowledge of the tradesecret; or
(B) At the time of disclosure or use, knew or had reason toknow that his or her knowledge of the trade secret was:
(I) Derived from or through a person who had utilizedimproper means to acquire it;
(II) Acquired under circumstances giving rise to a duty tomaintain its secrecy or limit its use; or
(III) Derived from or through a person who owed a duty to theperson seeking relief to maintain its secrecy or limit its use; or
(C) Before a material change of his or her position, knew orhad reason to know that it was a trade secret and that knowledge of it had beenacquired by accident or mistake;
(3) "Person" means a natural person, corporation, businesstrust, 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:
(i) Derives independent economic value, actual or potential,from not being generally known to, and not being readily ascertainable byproper means by, other persons who can obtain economic value from itsdisclosure or use; and
(ii) Is the subject of efforts that are reasonable under thecircumstances to maintain its secrecy.