Chapter 646 — Trade Practices and Antitrust Regulation

ORS 646.461 Definitions for ORS 646.461 to 646.475

As used in ORS 646.461 to 646.475, unless the context otherwise requires:

(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.

(2)

“Misappropriation” means:

(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;

(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;

(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

(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:

(A)

Derived from or through a person who had utilized improper means to acquire it;

(B)

Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(C)

Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.

(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.

(4)

“Trade secret” means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

(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

(b)

Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.