WILLIAM DONALD SCHAEFER, Governor Ch. 598

PROCEEDINGS, HOLDING IN-CAMERA HEARINGS, SEALING THE RECORDS OF
THE ACTION, AND ORDERING ANY PERSON INVOLVED IN THE LITIGATION
NOT TO DISCLOSE AN ALLEGED TRADE SECRET WITHOUT PRIOR COURT
APPROVAL.

11-1206.

(A)  AN ACTION FOR MISAPPROPRIATION MUST BE BROUGHT WITHIN 3
YEARS AFTER THE MISAPPROPRIATION IS DISCOVERED OR BY THE EXERCISE
OF REASONABLE DILIGENCE SHOULD HAVE BEEN DISCOVERED.

(B)  FOR THE PURPOSES OF THIS SECTION, A CONTINUING
MISAPPROPRIATION CONSTITUTES A SINGLE CLAIM.

11-1207.

(A)  EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
THIS SUBTITLE DISPLACES CONFLICTING TORT, RESTITUTIONARY, AND
OTHER LAW OF THIS STATE PROVIDING CIVIL REMEDIES FOR
MISAPPROPRIATION OF A TRADE SECRET.

(B) (1) THIS SUBTITLE DOES NOT AFFECT:

(1) (I) CONTRACTUAL REMEDIES, WHETHER OR NOT BASED
UPON MISAPPROPRIATION OF A TRADE SECRET;

(2) (II) OTHER CIVIL REMEDIES THAT ARE NOT BASED
UPON MISAPPROPRIATION OF A TRADE SECRET; OR OR

(3) (III) CRIMINAL REMEDIES, WHETHER OR NOT BASED
UPON MISAPPROPRIATION OF A TRADE SECRET .; OR

(4) THE IMMUNITY OF STATE PERSONNEL UNDER § 12-105 OF
THE STATE GOVERNMENT ARTICLE.

(2) NOTHING CONTAINED IN THIS ACT MAY BE APPLIED OR
CONSTRUED TO WAIVE OR LIMIT ANY COMMON LAW OR STATUTORY DEFENSE
OR IMMUNITY POSSESSED BY STATE PERSONNEL AS DEFINED UNDER §
12-101 OF THE STATE GOVERNMENT ARTICLE.---------------------------

11-1208.

THIS SUBTITLE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE
ITS GENERAL PURPOSE TO MAKE UNIFORM THE LAW WITH RESPECT TO THE
SUBJECT OF THIS SUBTITLE AMONG STATES ENACTING IT.

11-1209.

THIS SUBTITLE MAY BE CITED AS THE "MARYLAND UNIFORM TRADE
SECRETS ACT".

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