Table of Contents Sec. 35-50. Citation of chapter. This chapter may be cited as the Uniform Trade
Secrets Act. Sec. 35-51. Definitions. As used in this chapter, unless the context requires
otherwise: Sec. 35-52. Injunctive relief. (a) Actual or threatened misappropriation may be
enjoined upon application to any court of competent jurisdiction. 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. Sec. 35-53. Damages. Punitive damages for wilful and malicious misappropriation. (a) In addition to or in lieu of injunctive relief, a complainant may recover damages
for the actual loss caused by misappropriation. A complainant also may recover for the
unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss. Sec. 35-54. Attorney's fees. If a claim of misappropriation is made in bad faith or
a motion to terminate an injunction is made or resisted in bad faith, the court may award
reasonable attorney's fees to the prevailing party. Sec. 35-55. Protection of trade secrets by court. In an action under this chapter,
a court shall preserve the secrecy of an alleged trade secret by reasonable means, which
may include granting protective orders in connection with discovery 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. Sec. 35-56. Limitation of action for misappropriation. No action for misappropriation shall be brought but within three years from the date the misappropriation is
discovered or by the exercise of reasonable diligence should have been discovered. For
the purposes of this section, a continuing misappropriation constitutes a single claim. Sec. 35-57. Provisions of chapter supersede conflicting law re civil liability.
Limitation. (a) Unless otherwise agreed by the parties, the provisions of this chapter
supersede any conflicting tort, restitutionary, or other law of this state pertaining to civil
liability for misappropriation of a trade secret.
Sec. 35-50. Citation of chapter.
Sec. 35-51. Definitions.
Sec. 35-52. Injunctive relief.
Sec. 35-53. Damages. Punitive damages for wilful and malicious misappropriation.
Sec. 35-54. Attorney's fees.
Sec. 35-55. Protection of trade secrets by court.
Sec. 35-56. Limitation of action for misappropriation.
Sec. 35-57. Provisions of chapter supersede conflicting law re civil liability. Limitation.
Sec. 35-58. Rules of construction.
(P.A. 83-344, S. 1.)
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(a) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy, or espionage through electronic or other
means, including searching through trash.
(b) "Misappropriation" means: (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 (A) used improper means to acquire knowledge of the trade
secret; or (B) at the time of disclosure or use, knew or had reason to know that his
knowledge of the trade secret was (i) derived from or through a person who had utilized
improper means to acquire it; (ii) acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use, including but not limited to disclosures made under
section 1-210, sections 31-40j to 31-40p, inclusive, or subsection (c) of section 12-62;
or (iii) derived from or through a person who owed a duty to the person seeking relief
to maintain its secrecy or limit its use; or (C) 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.
(c) "Person" means a natural person, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(d) Notwithstanding the provisions of sections 1-210, 31-40j to 31-40p, inclusive,
and subsection (c) of section 12-62, "trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, process, drawing, cost
data or customer list 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.
(P.A. 83-344, S. 2; P.A. 95-79, S. 134, 189; 95-283, S. 64, 68; P.A. 97-110.)
History: P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 95-283
made technical change to replace reference to Subsec. (b) of Sec. 12-62 to Subsec. (c) of Sec. 12-62, effective July 6, 1995;
P.A. 97-110 amended Subsec. (a) by adding "including searching through trash".
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(b) If the court determines that it would be unreasonable to prohibit future use, an
injunction may condition future use upon payment of a reasonable royalty for no longer
than the period of time the use could have been prohibited.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be
compelled by court order.
(P.A. 83-344, S. 3.)
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(b) In any action brought pursuant to subsection (a) of this section, if the court finds
wilful and malicious misappropriation, the court may award punitive damages in an
amount not exceeding twice any award made under subsection (a) and may award reasonable attorney's fees to the prevailing party.
(P.A. 83-344, S. 4.)
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(P.A. 83-344, S. 5.)
Cited. 204 C. 17, 24.
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(P.A. 83-344, S. 6.)
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(P.A. 83-344, S. 7.)
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(b) This chapter does not affect: (1) Contractual or other civil liability or relief that
is not based upon misappropriation of a trade secret; (2) criminal liability for misappropriation of a trade secret; or (3) the duty of any person or state or municipal agency to
disclose information pursuant to section 1-210, sections 31-40j to 31-40p, inclusive, or
subsection (c) of section 12-62, or wherever expressly provided by law.
(P.A. 83-344, S. 8; P.A. 95-283, S. 65, 68.)
History: P.A. 95-283 amended Subsec. (b) to make technical change replacing reference to Subsec. (b) of Sec. 12-62
with Subsec. (c) of Sec. 12-62, effective July 6, 1995.
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