Added by Stats. 1984, Ch. 1724, Sec. 1.
This title may be cited as the Uniform Trade Secrets Act.
Title 5 - UNIFORM TRADE SECRETS ACT
California Civil Code — §§ 3426-3426.11
Sections (4)
Amended by Stats. 1994, Ch. 1010, Sec. 54. Effective January 1, 1995.
As used in this title, unless the context requires otherwise:
(a)“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. Reverse engineering or independent derivation alone shall not be considered improper means.
(b)“Misappropriation” means:
(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:
(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 his or her knowledge of the trade secret was:
(i)Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(C) Before a material change of his or her 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.
(c)“Person” means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(d)“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 the public or to 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.
Added by Stats. 1984, Ch. 1724, Sec. 1.
This title does not apply to misappropriation occurring prior to January 1, 1985. If a continuing misappropriation otherwise covered by this title began before January 1, 1985, this title does not apply to the part of the misappropriation occurring before that date. This title does apply to the part of the misappropriation occurring on or after that date unless the appropriation was not a misappropriation under the law in effect before the operative date of this title.
Added by Stats. 1992, Ch. 165, Sec. 1. Effective January 1, 1993.
Notwithstanding subdivision (b) of Section 47, in any legislative or judicial proceeding, or in any other official proceeding authorized by law, or in the initiation or course of any other proceeding authorized by law and reviewable pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, the voluntary, intentional disclosure of trade secret information, unauthorized by its owner, to a competitor or potential competitor of the owner of the trade secret information or the agent or representative of such a
competitor or potential competitor is not privileged and is not a privileged communication for purposes of Part 2 (commencing with Section 43) of Division 1.
This section does not in any manner limit, restrict, impair, or otherwise modify either the application of the other subdivisions of Section 47 to the conduct to which this section applies or the court’s authority to control, order, or permit access to evidence in any case before it.
Nothing in this section shall be construed to limit, restrict, or otherwise impair, the capacity of persons employed by public entities to report improper government activity, as defined in Section 10542 of the Government Code, or the capacity of private persons to report improper activities of a private business.