Montana Code 30-14-407. Statute of limitations
30-14-407. Statute of limitations. An action for misappropriation must be brought within 3 years after 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.
Terms Used In Montana Code 30-14-407
- 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:
(i)used improper means to acquire knowledge of the trade secret;
(ii)at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:
(A)derived from or through a person who had used improper means to acquire it;
(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
(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. See Montana Code 30-14-402