482B-1 Short title
482B-2 Definitions
482B-3 Injunctive relief
482B-4 Damages
482B-5 Attorney’s fees
482B-6 Preservation of secrecy
482B-7 Statute of limitations
482B-8 Effect on other law
482B-9 Severability

Terms Used In Hawaii Revised Statutes > Chapter 482B - Trade Secrets

  • Alien: means any person not a citizen or national of the United States but who is allowed, under federal law, to reside in the United States. See Hawaii Revised Statutes 346-142
  • 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.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of human services. See Hawaii Revised Statutes 346-1
  • Director: means the director of human services. See Hawaii Revised Statutes 346-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Homeland: means the country in which a person was born. See Hawaii Revised Statutes 346-142
  • 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 Hawaii Revised Statutes 482B-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 the person's 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; 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 the person's position, knew or has reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Hawaii Revised Statutes 482B-2

  • Naturalized citizen: means a person who was not born in the United States, but who has the rights and privileges of a citizen bestowed upon the person by law. See Hawaii Revised Statutes 346-142
  • 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 Hawaii Revised Statutes 482B-2
  • Public assistance: means financial assistance to or for the benefit of persons whom the department has determined to be without sufficient means of support to maintain a standard consistent with this chapter, payments to or on behalf of such persons for medical care, and social service payments as described under the Social Security Act. See Hawaii Revised Statutes 346-1
  • Qualified person: means an alien or naturalized citizen of the United States who:

         (1)  Is a resident of the State of Hawaii;

         (2)  Is sixty years of age or older;

         (3)  Is eligible to receive or receives financial assistance under this chapter on the date of the application for transportation assistance under this part. See Hawaii Revised Statutes 346-142

  • Recipient: means the person for whose use and benefit services are rendered or a grant of public assistance is made. See Hawaii Revised Statutes 346-1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trade secret: means information, including a formula, pattern, compilation, program device, method, technique, or process 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. See Hawaii Revised Statutes 482B-2