![]() ![]() Although the statutory definition is somewhat complicated, the UTSA essentially prohibits theĭisclosure or use of a trade secret that is possessed as a result of theft, breach of a duty to maintain its secrecy, or an accident or mistake on the part of the trade secret owner. The second type of misappropriation under the UTSA is the disclosure or use of someone else’s trade secret without their express or implied consent. In short, the first type of misappropriation is the mere possession of a trade secret that has been acquired through theft or the breach of a duty to maintain the secrecy of the trade secret. “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. ![]() Specifically, the UTSA prohibits the “acquisition of a trade secret of another, by a person who knows or has reason to know the trade secret The first type of misappropriation under the UTSA is acquisition of a trade secret through improper means. ![]() “Misappropriation” is defined in two ways: (1) acquisition of a trade secret through improper means, or (2) disclosure or use of a trade secret without consent. The protections allowed for by the UTSA are triggered by the actual or threatened “misappropriation” of trade secrets. The enforcement provisions of the UTSA allow companies and individuals to protect information that qualifies as a trade secret. Explain how trade secret owners use direct evidence and circumstantial evidence to prove that a misappropriation of trade secrets has occurred.Describe the differences between the misappropriation of a trade secret through improper means and disclosure without consent.Figure 5.5 (credit: Michael Galpert via flickr / CC BY 2.0) Learning ObjectivesĪfter completing this section, you will be able to ![]()
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