§ 47-25-1701. Short Title
This part shall be known and may be cited as “The Uniform Trade Secrets Act.”
§ 47-25-1702. Part Definitions
As used in this part, unless the context requires otherwise: “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or limit use, or espionage through electronic or other means; “Misappropriation” means: Acquisition of a trade secret of another by a person who knows or has reason […]
§ 47-25-1703. Injunctive Relief
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 appropriate circumstances for reasons including, but not limited to, an elimination of the commercial advantage that […]
§ 47-25-1704. Damages
In addition to or in lieu of the relief provided by § 47-25-1703, a complainant is entitled to recover damages for misappropriation except to the extent that defendant can show a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation and such renders a monetary recovery inequitable. Damages […]
§ 47-25-1705. Attorney’s Fees
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.
§ 47-25-1706. Preservation of Secrecy
In an action under this part, 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 alleged trade secret […]
§ 47-25-1707. Statute of Limitations
An action for misappropriation must be brought within three (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 by any person constitutes a single claim against that person, but this section shall be applied separately to any […]
§ 47-25-1708. Effect on Other Law
Except as provided in subsection (b), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. This part does not affect: Contractual remedies, whether or not based upon misappropriation of a trade secret; provided, that a contractual duty to maintain secrecy or limit use […]
§ 47-25-1709. Uniformity of Application and Construction
This part shall be applied and construed to effectuate its general purpose to make consistent the law with respect to the subject of this act among states enacting it.