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§ 11-1201. Definitions

West's Annotated Code of MarylandCommercial LawEffective: June 1, 2010

West's Annotated Code of Maryland
Commercial Law
Title 11. Trade Regulation
Subtitle 12. Maryland Uniform Trade Secrets Act (Refs & Annos)
Effective: June 1, 2010
MD Code, Commercial Law, § 11-1201
§ 11-1201. Definitions
Currentness
(a) In this subtitle the following words have the meanings indicated.
(b) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(c) “Misappropriation” means the:
(1) Acquisition of a trade secret of another by a person who knows or has reason 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 implied consent by a person 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 the person's knowledge of the trade secret was:
1. Derived from or through a person who had utilized improper means to acquire it;
2. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
3. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(d) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(e) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1) Derives independent economic value, actual or potential, from not being generally 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 to maintain its secrecy.

Credits

Added by Acts 1989, c. 598, § 1, eff. July 1, 1989. Amended by Acts 2010, c. 611, § 2, eff. June 1, 2010.
MD Code, Commercial Law, § 11-1201, MD COML § 11-1201
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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