§ 646.461

As used in ORS 646.461 to 646.475, unless the context otherwise requires:\n(1) '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. Reverse engineering and independent development alone shall not be considered improper means.\n(2) 'Misappropriation' means:\n(a) 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;\n(b) Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of the trade secret;\n(c) Disclosure or use of a trade secret of another without express or implied consent by a person who, before a material change of 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; or\n(d) Disclosure or use of a trade secret of another without express or implied consent by a person, who at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was:\n(A) Derived from or through a person

ther without express or implied consent by a person, who at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was:\n(A) Derived from or through a person who had utilized improper means to acquire it;\n(B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or\n(C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.\n(3) 'Person' means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.\n(4) 'Trade secret' means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:\n(a) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and\n(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. [1987 c.537 §2]