(1) Except as provided in subsection (2) of this section, ORS § 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret.

Terms Used In Oregon Statutes 646.473

  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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.

(2) ORS § 646.461 to 646.475 shall not affect:

(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(b) Other civil remedies that are not based upon misappropriation of a trade secret;

(c) Criminal remedies, whether or not based upon misappropriation of a trade secret; or

(d) Any defense, immunity or limitation of liability afforded public bodies, their officers, employees or agents under ORS § 30.260 to 30.300.

(3) Notwithstanding any other provision in ORS § 646.461 to 646.475, public bodies and their officers, employees and agents are immune from any claim or action for misappropriation of a trade secret that is based on the disclosure or release of information in obedience to or in good faith reliance on any order of disclosure issued pursuant to ORS § 192.311 to 192.431 or on the advice of an attorney authorized to advise the public body, its officers, employees or agents. [1987 c.537 § 8]

 

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