60-3320. Definitions. - Kansas Statutes

60-3320

Chapter 60.--PROCEDURE, CIVIL Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY

      60-3320.   Definitions.As used in this act, unless the context requires otherwise:

      (1)   "Improper means" includes theft, bribery, misrepresentation, breachor inducement of a breach of a duty to maintain secrecy, or espionage throughelectronic or other means.

      (2)   "Misappropriation" means:

      (i)   acquisition of a trade secret of another by a person who knows orhas reason to know that the trade secret was acquired by improper means; or

      (ii)   disclosure or use of a trade secret of another without express orimplied 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 thathis 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 itssecrecy or limit its use; or

      (III)   derived from or through a person who owed a duty to the person seekingrelief to maintain its secrecy or limit its use; or

      (C)   before a material change of his position, knew or had reason to knowthat it was a trade secret and that knowledge of it had been acquired byaccident or mistake.

      (3)   "Person" means a natural person, corporation, business trust, estate,trust, partnership, association, joint venture, government, governmentalsubdivision 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:

      (i)   derives independent economic value, actual or potential, from notbeing generally known to, and not being readily ascertainable by propermeans by, other persons who can obtain economic value from its disclosure or use, and

      (ii)   is the subject of efforts that are reasonable under the circumstancesto maintain its secrecy.

      History:   L. 1981, ch. 214, § 1; July 1.