Chapter 24 - Uniform Trade Secrets Act
CHAPTER 24 - UNIFORM TRADE SECRETS ACT
40-24-101. Definitions.
(a) As used in this act, unless the context requires otherwise:
(i) "Improper means" includes theft, bribery,misrepresentation, breach or inducement of a breach of duty to maintain secrecyor espionage through electronic or other means;
(ii) "Misappropriation" means:
(A) Acquisition of a trade secret of another by a person whoknows or has reason to know that the trade secret was acquired by impropermeans; or
(B) Disclosure or use of a trade secret of another withoutexpress or implied consent by a person who:
(I) Used improper means to acquire knowledge of the tradesecret;
(II) Before a material change of his position, knew or hadreason to know that it was a trade secret and that knowledge of it had beenacquired by accident or mistake; or
(III) At the time of disclosure or use knew or had reason to knowthat his knowledge of the trade secret was:
(1) Derived from orthrough a person who has utilized improper means to acquire it;
(2) Acquired undercircumstances giving rise to a duty to maintain its secrecy or limit its use;or
(3) Derived from orthrough a person who owed a duty to the person seeking relief to maintain itssecrecy or limit its use.
(iii) "Person" means a natural person, corporation,business trust, estate, trust, partnership, association, joint venture,government, governmental subdivision or agency or any other legal or commercialentity;
(iv) "Trade secret" means information, including aformula, pattern, compilation, program device, method, technique or processthat:
(A) Derives independent economic value, actual or potential,from not being generally known to and not being readily ascertainable by propermeans by other persons who can obtain economic value from its disclosure oruse; and
(B) Is the subject of efforts that are reasonable under thecircumstances to maintain its secrecy.
(v) "This act" means W.S. 40-24-101 through40-24-110.
40-24-102. Injunctive relief.
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court an injunction shall be terminated when the tradesecret has ceased to exist, but the injunction may be continued for anadditional reasonable period of time in order to eliminate commercial advantagethat otherwise would be derived from the misappropriation.
(b) In exceptional circumstances, an injunction may conditionfuture use upon payment of a reasonable royalty for no longer than the periodof time for which use could have been prohibited. Exceptional circumstancesinclude, but are not limited to, a material and prejudicial change of positionprior to acquiring knowledge or reason to know of misappropriation that rendersa prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to protect atrade secret may be compelled by court order.
40-24-103. Damages.
(a) Except to the extent that a material and prejudicial changeof position prior to acquiring knowledge or reason to know of misappropriationrenders a monetary recovery inequitable, a complainant is entitled to recoverdamages for misappropriation. Damages can include both the actual loss causedby misappropriation and the unjust enrichment caused by misappropriation thatis not taken into account in computing actual loss. In lieu of damagesmeasured by any other methods, the damages caused by misappropriation may bemeasured by imposition of liability for a reasonable royalty for amisappropriator's unauthorized disclosure or use of a trade secret.
(b) If willful and malicious misappropriation exists, the courtmay award exemplary damages in the amount not exceeding twice any award madeunder subsection (a) of this section.
40-24-104. Attorney's fees.
(a) A court may award reasonable attorney's fees to theprevailing party if:
(i) A claim of misappropriation is made in bad faith;
(ii) A motion to terminate an injunction is made or resisted inbad faith; or
(iii) Willful and malicious misappropriation exists.
40-24-105. Preservation of secrecy.
In any action under this act, a court shallpreserve the secrecy of an alleged trade secret by reasonable means, which mayinclude granting protective orders in connection with discovery proceedings,holding in-camera hearings, sealing the records of the action and ordering anyperson involved in the litigation not to disclose an alleged trade secretwithout prior court approval.
40-24-106. Statute of limitations.
An action for misappropriation must bebrought within four (4) years after the misappropriation is discovered or bythe exercise of reasonable diligence should have been discovered. For thepurposes of this section, a continuing misappropriation constitutes a singleclaim.
40-24-107. Effect on other law.
(a) Except as provided in subsection (b) of this section, thisact displaces conflicting tort, restitutionary and other law of this stateproviding civil remedies for misappropriation of a trade secret.
(b) This act does not affect:
(i) Contractual remedies, whether or not based upon misappropriationof a trade secret;
(ii) Other civil remedies that are not based uponmisappropriation of a trade secret; or
(iii) Criminal remedies, whether or not based uponmisappropriation of a trade secret.
40-24-108. Uniformity of application and construction.
This act shall be applied and construed toeffectuate its general purpose to make uniform the law with respect to thesubject of this act among states enacting it.
40-24-109. Short title.
This act may be cited as the Uniform TradeSecrets Act.
40-24-110. Time of taking effect.
This act does not apply to misappropriationoccurring prior to July 1, 2006. With respect to a continuing misappropriationthat began prior to July 1, 2006, the act does not apply to the continuingmisappropriation that occurs after July 1, 2006.