§ 66-155. Burden of proof. - North Carolina Statutes

§66‑155.  Burden of proof.

Misappropriation of a tradesecret is prima facie established by the introduction of substantial evidencethat the person against whom relief is sought both:

(1)        Knows or should haveknown of the trade secret; and

(2)        Has had a specificopportunity to acquire it for disclosure or use or has acquired, disclosed, orused it without the express or implied consent or authority of the owner.

This prima facie evidence isrebutted by the introduction of substantial evidence that the person againstwhom relief is sought acquired the information comprising the trade secret byindependent development, reverse engineering, or it was obtained from anotherperson with a right to disclose the trade secret. This section shall not beconstrued to deprive the person against whom relief is sought of any otherdefenses provided under the law. (1981, c. 890, s. 1.)