<?xml version="1.0" encoding="ISO-8859-1"?><section number="13-24-2"><histories><history>Enacted by Chapter <modchap sess="1989GS">60</modchap>, 1989 General Session</history><modyear>1989</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter, unless the context requires otherwise:<subsection number="13-24-2(1)">
"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.</subsection><subsection number="13-24-2(2)">
"Misappropriation" means:
<subsection number="13-24-2(2)(a)">
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</subsection><subsection number="13-24-2(2)(b)">
disclosure or use of a trade secret of another without express or implied consent by a person who:<subsection number="13-24-2(2)(b)(i)">
used improper means to acquire knowledge of the trade secret; or</subsection><subsection number="13-24-2(2)(b)(ii)">
at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
<subsection number="13-24-2(2)(b)(ii)(A)">
derived from or through a person who had utilized improper means to acquire it;</subsection><subsection number="13-24-2(2)(b)(ii)(B)">
acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or</subsection><subsection number="13-24-2(2)(b)(ii)(C)">
derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or</subsection></subsection><subsection number="13-24-2(2)(b)(iii)">
before a material change of his 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.</subsection></subsection></subsection><subsection number="13-24-2(3)">
"Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.</subsection><subsection number="13-24-2(4)">
"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
<subsection number="13-24-2(4)(a)">
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</subsection><subsection number="13-24-2(4)(b)">
is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.</subsection></subsection></section>
