§ 7-74-101. Short Title

This article shall be known and may be cited as the “Uniform Trade Secrets Act”. Source: L. 86: Entire article added, p. 460, § 1, effective July 1.

§ 7-74-102. Definitions

As used in this article, unless the context otherwise requires: “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: Acquisition of a trade secret of another by a person who knows or has reason to know that […]

§ 7-74-103. Injunctive Relief

Temporary and final injunctions including affirmative acts may be granted on such equitable terms as the court deems reasonable to prevent or restrain actual or threatened misappropriation of a trade secret. Source: L. 86: Entire article added, p. 461, § 1, effective July 1.

§ 7-74-104. Damages

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 may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is […]

§ 7-74-105. Attorney 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 fees to the prevailing party. Source: L. 86: Entire article added, p. 461, § 1, effective July 1.

§ 7-74-106. Preservation of Secrecy

In an action under this article, 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 […]

§ 7-74-107. Statute of Limitations

An action for misappropriation of a trade secret shall be brought within three 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. Source: L. 86: Entire article added, p. 462, § 1, effective July […]

§ 7-74-108. Effect on Other Law

Except as provided in subsection (2) of this section, this article displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. This article does not affect: Contractual remedies, whether or not based upon misappropriation of a trade secret; Other civil remedies that are not based upon […]

§ 7-74-109. Uniformity of Application and Construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 86: Entire article added, p. 462, § 1, effective July 1.

§ 7-74-110. Severability

If any provision of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. Source: L. 86: Entire […]