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78-86.


78-86.
   
   As used in the Uniform Trade Secrets Act, unless the context requires
   otherwise:
   
   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.
   
   2. "Misappropriation" means:
   
   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
   
   b. disclosure or use of a trade secret of another without express or
   implied consent by a person who:
   
   (1) used improper means to acquire knowledge of the trade secret; or
   
   (2) at the time of disclosure or use, knew or had reason to know that
   his knowledge of the trade secret was:
   
   (a) derived from or through a person who had utilized improper means
   to acquire it; or
   
   (b) acquired under circumstances giving rise to a duty to maintain its
   secrecy or limit its use; or
   
   (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
   
   (3) 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.
   
   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.
   
   4. "Trade secret" means information, including a formula, pattern,
   compilation, program, device, method, technique or process, that:
   
   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
   
   b. is the subject of efforts that are reasonable under the
   circumstances to maintain its secrecy.
   

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