13-24-2 - Definitions. - Utah Statutes

13-24-2. Definitions.
As used in this chapter, unless the context requires otherwise:
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement ofa breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) acquisition of a trade secret of another by a person who knows or has reason to knowthat the trade secret was acquired by improper means; or
(b) disclosure or use of a trade secret of another without express or implied consent by aperson who:
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge ofthe trade secret was:
(A) derived from or through a person who had utilized improper means to acquire it;
(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit itsuse; or
(C) derived from or through a person who owed a duty to the person seeking relief tomaintain its secrecy or limit its use; or
(iii) before a material change of his position, knew or had reason to know that it was atrade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership,association, joint venture, government, governmental subdivision or agency, or any other legal orcommercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program,device, method, technique, or process, that:
(a) derives independent economic value, actual or potential, from not being generallyknown to, and not being readily ascertainable by proper means by, other persons who can obtaineconomic value from its disclosure or use; and
(b) is the subject of efforts that are reasonable under the circumstances to maintain itssecrecy.

Enacted by Chapter 60, 1989 General Session