Ch. 5

2003 LAWS OF MARYLAND

1.       TO OTHER OFFICERS OR EMPLOYEES RESPONSIBLE FOR
CARRYING OUT THIS SUBTITLE; OR

2.       IF RELEVANT IN A PROCEEDING UNDER THIS SUBTITLE.

(3) IN A PROCEEDING UNDER THIS SUBTITLE, THE STATE FIRE
MARSHAL, DESIGNEE OF THE STATE FIRE MARSHAL, OR A COURT OF COMPETENT
JURISDICTION, AS APPLICABLE, SHALL ISSUE APPROPRIATE ORDERS TO PROTECT
THE CONFIDENTIALITY OF A TRADE SECRET.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 8(d) and (e).

In subsection (a)(2) of this section, the reference to the "individual in
charge of the institution or other place that was inspected" is substituted
for the former reference to the "proper administrative head[s]" for clarity
and to conform to current practice.

In subsection (b)(2) of this section, the reference to this "subtitle" is
substituted for the former reference to this "article" for clarity and
accuracy. Provisions that relate to inspections by the State Fire Marshal
are revised in this subtitle.

The Public Safety Article Review Committee notes, for consideration by the
General Assembly, that the General Assembly may wish to consider
substituting a more widely used definition of the term "trade secret" for
the definition used in subsection (e)(1) of this section. This definition was
originally enacted in 1972 and predates the Uniform Trade Secrets Act,
which was approved by the National Conference of Commissioners on
Uniform State Laws in 1979 and amended in 1985. The uniform act has
been adopted by 42 states. It was enacted in Maryland in 1989 and is
codified in Title 11, Subtitle 12 of the Commercial Law Article.

"Trade secret" is defined in the Maryland Uniform Trade Secrets Act (CL §
11-1201(e)) as follows:

"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.

Defined terms: "County" § 1-101
"State" § 1-101

6-308. FEES.

(A) FOR INSPECTIONS.

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