WILLIAM DONALD SCHAEFER, Governor

Article - Commercial Law
SUBTITLE 11 12. MARYLAND UNIFORM TRADE SECRETS ACT
12-1101 11-1201.

(A)  IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)   "IMPROPER MEANS" INCLUDES THEFT, BRIBERY,
MISREPRESENTATION, BREACH OR INDUCEMENT OF A BREACH OF A DUTY TO
MAINTAIN SECRECY, OR ESPIONAGE THROUGH ELECTRONIC OR OTHER MEANS.

(C)   "MISAPPROPRIATION" MEANS THE:

(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; 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:

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