417.453. Definitions. - Missouri Statutes

Definitions.

417.453. As used in sections 417.450 to 417.467, the following termsmean:

(1) "Improper means" includes theft, bribery, misrepresentation,breach or inducement of a breach of a duty to maintain secrecy, orespionage through electronic or other means;

(2) "Misappropriation":

(a) Acquisition of a trade secret of a person by another person whoknows or has reason to know that the trade secret was acquired by impropermeans; or

(b) Disclosure or use of a trade secret of a person without expressor implied consent by another person who:

a. Used improper means to acquire knowledge of the trade secret; or

b. Before a material change of position, knew or had reason to knowthat it was a trade secret and that knowledge of it had been acquired byaccident or mistake; or

c. At the time of disclosure or use, knew or had reason to know thatknowledge of the trade secret was:

i. Derived from or through a person who had utilized improper meansto acquire it;

ii. Acquired under circumstances giving rise to a duty to maintainits secrecy or limit its use; or

iii. Derived from or through a person who owed a duty to the personseeking relief to maintain its secrecy or limit its use;

(3) "Person", a natural person, corporation, business trust, estate,trust, partnership, association, joint venture, governmental subdivision oragency, or any other legal or commercial entity, whether for profit or notfor profit;

(4) "Trade secret", information, including but not limited to,technical or nontechnical data, a formula, pattern, compilation, program,device, method, technique, or process, that:

(a) 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 oruse; and

(b) Is the subject of efforts that are reasonable under thecircumstances to maintain its secrecy.

(L. 1995 S.B. 80 & 88 § 2)

(2002) Claim under section for misappropriation of trade secrets based on commercial activity within the United States comes within exception to general grant of sovereign immunity under Foreign Sovereign Immunities Act. BP Chemicals, Ltd. v. Jiangsu Sopo Corp., 285 F.3d 677 (8th Cir.).