WILLIAM DONALD SCHAEFER, Governor

Ch. 598

(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; OR

(II)  AT THE TIME OF DISCLOSURE OR USE, KNEW OR
HAD REASON TO KNOW THAT THE PERSON'S KNOWLEDGE OF THE TRADE
SECRET WAS:

1.  DERIVED FROM OR THROUGH A PERSON WHO
HAD UTILIZED IMPROPER MEANS TO ACQUIRE IT;

2.  ACQUIRED UNDER CIRCUMSTANCES GIVING
RISE TO A DUTY TO MAINTAIN ITS SECRECY OR LIMIT ITS USE; OR

3.  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 THE PERSON'S
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.

(D)   "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS
TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION, JOINT VENTURE,
GOVERNMENT, GOVERNMENTAL SUBDIVISION OR AGENCY, OR ANY OTHER
LEGAL OR COMMERCIAL ENTITY.

(E)   "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.

11-1202.

(A)  ACTUAL OR THREATENED MISAPPROPRIATION MAY BE ENJOINED.

(B)  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.

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