Sections 1 through 7 [57-3A-1 to 57-3A-7 NMSA 1978] of this act may be cited as the “Uniform Trade Secrets Act”. History: Laws 1989, ch. 156, § 1. ANNOTATIONS Law reviews. — For article, “Secrecy and Innovation In Tort Law And Regulation,” see 23 N.M.L. Rev. 1 (1993). Am. Jur. 2d, A.L.R. and C.J.S. references. […]
As used in the Uniform Trade Secrets 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 other means; B. “misappropriation” means: (1) acquisition of a trade secret of another by a person who knows or has reason to know […]
A. Actual or threatened misappropriation may be enjoined. Upon application to the court, 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 would be derived from the misappropriation. B. In […]
A. 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 complaintant [complainant] is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation […]
A. The court of proper jurisdiction may award reasonable attorneys’ fees to the prevailing party if: (1) a claim of misappropriation is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) willful and malicious misappropriation exists. History: Laws 1989, ch. 156, § 5. ANNOTATIONS […]
In an action under the Uniform Trade Secrets 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 the litigation not to disclose […]
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purpose of this section, a continuing misappropriation constitutes a single claim. History: Laws 1989, ch. 156, § 7.
