As used in this chapter, 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.

Terms Used In Utah Code 13-24-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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. See Utah Code 13-24-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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. See Utah Code 13-24-2
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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. See Utah Code 13-24-2
(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:

(i)  used improper means to acquire knowledge of the trade secret; or

(ii)  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;

(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 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.

Enacted by Chapter 60, 1989 General Session

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