603.060 - Presumption and notice that program is proprietary. - Nevada Statutes

603.060  Presumption and notice that program is proprietary.

      1.  In a civil action alleging an unfair trade practice respecting a program, it is presumed that a program is proprietary if the person alleging ownership of the program shows that he or she made the program or obtained the exclusive right to manufacture, market and sell, lease, rent or license the program for use and that he or she maintained the proprietary nature of the program by giving notice thereof.

      2.  Such a notice is sufficient if the program, when:

      (a) Compiled in a computer and retrieved for the visual display of its statements or instructions, is accompanied by a statement that it is confidential or proprietary.

      (b) Operated in a computer, either at the beginning of its operation or when the results of the program are displayed visually, displays a statement that the program is confidential or proprietary.

      (c) Sold to the public or leased, rented or licensed for use, bears on its package or container a statement that the program is proprietary.

Ê A statement that the owner or manufacturer retains the right to copy the program is equivalent to a statement that the program is proprietary.

      (Added to NRS by 1983, 1349)