§ 24-2-3-2 — Definitions

Indiana § 24-2-3-2

• Jurisdiction: Indiana
• Art. 2: TRADEMARKS, TRADE NAMES, AND TRADE
• Ch. 3: Trade Secrets

Text

As used in this chapter, unless the context
requires otherwise:
"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.
"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;
(B) at the time of disclosure or use, knew or had reason to know
that his 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 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.
"Person" means a natural person, limited liability company,
corporation, business trust, estate, trust, partnership, association, joint
venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
"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.
As added by Acts 1982, P.L.148, SEC.1. Amended by
P.L.8-1993, SEC.343.