Section 445.1901 – Short Title.

445.1901 Short title. Sec. 1. This act shall be known and may be cited as the “uniform trade secrets act”. History: 1998, Act 448, Imd. Eff. Dec. 30, 1998

Section 445.1902 – Definitions.

445.1902 Definitions. Sec. 2. As used in this act: (a) “Improper means” includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy or espionage through electronic or any other means. (b) “Misappropriation” means either of the following: (i) Acquisition of a trade secret of another by a person who […]

Section 445.1903 – Misappropriation; Injunction.

445.1903 Misappropriation; injunction. Sec. 3. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court of competent jurisdiction, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise […]

Section 445.1904 – Misappropriation; Recovery of Damages.

445.1904 Misappropriation; recovery of damages. Sec. 4. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the […]

Section 445.1905 – Award of Attorney’s Fees.

445.1905 Award of attorney’s fees. Sec. 5. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party. History: 1998, Act 448, Imd. Eff. Dec. 30, […]

Section 445.1906 – Trade Secret; Preservation of Secrecy.

445.1906 Trade secret; preservation of secrecy. Sec. 6. In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in […]

Section 445.1907 – Statute of Limitations; Continuing Misappropriation as Single Claim.

445.1907 Statute of limitations; continuing misappropriation as single claim. Sec. 7. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. History: 1998, Act 448, Imd. […]

Section 445.1908 – Other Laws and Remedies; Effect.

445.1908 Other laws and remedies; effect. Sec. 8. (1) Except as provided in subsection (2), this act displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (2) This act does not affect any of the following: (a) Contractual remedies, whether or not based upon misappropriation […]

Section 445.1909 – Applicability and Construction of Act.

445.1909 Applicability and construction of act. Sec. 9. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: 1998, Act 448, Imd. Eff. Dec. 30, 1998

Section 445.1910 – Effective Date.

445.1910 Effective date. Sec. 10. This act takes effect October 1, 1998 and does not apply to misappropriation occurring before the effective date. With respect to a continuing misappropriation that began before the effective date, this act does not apply to the continuing misappropriation that occurs after the effective date. History: 1998, Act 448, Imd. […]