| (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 |
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| (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. See Utah Code 13-24-2Trade 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) |
In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. |
| (3) |
In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. |
Enacted by Chapter 60, 1989 General Session
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