59.1-336 - Short title and definitions. - Virginia Statutes

§ 59.1-336. Short title and definitions.

As used in this chapter, which may be cited as the Uniform Trade Secrets Act,unless the context requires otherwise:

"Improper means" includes theft, bribery, misrepresentation, use of acomputer or computer network without authority, breach of a duty orinducement of a breach of a duty to maintain secrecy, or espionage throughelectronic or other means.

"Misappropriation" means:

1. Acquisition of a trade secret of another by a person who knows or hasreason to know that the trade secret was acquired by improper means; or

2. Disclosure or use of a trade secret of another without express or impliedconsent 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 that hisknowledge of the trade secret was

(1) Derived from or through a person who had utilized improper means toacquire it;

(2) Acquired under circumstances giving rise to a duty to maintain itssecrecy or limit its use;

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

(4) Acquired by accident or mistake.

"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.

"Trade secret" means information, including but not limited to, a formula,pattern, compilation, program, device, method, technique, or process, that:

1. Derives independent economic value, actual or potential, from not beinggenerally known to, and not being readily ascertainable by proper means by,other persons who can obtain economic value from its disclosure or use, and

2. Is the subject of efforts that are reasonable under the circumstances tomaintain its secrecy.

(1986, c. 210; 2009, cc. 321, 376.)