1-2 a new section to read as follows:

1-3 A person who, with intent to injure an owner of a trade secret or with

1-4 reason to believe that his actions will injure an owner of a trade secret,

1-5 without limitation:

1-6 1. Steals, misappropriates, takes or conceals a trade secret or obtains

1-7 a trade secret through fraud, artifice or deception;

1-8 2. Wrongfully copies, duplicates, sketches, draws, photographs,

1-9 alters, destroys, photocopies, replicates, transmits, delivers, sends, mails,

1-10 communicates or conveys a trade secret;

1-11 3. Receives, buys or possesses a trade secret with knowledge or

1-12 reason to know that the trade secret was obtained as described in

1-13 subsection 1 or 2;

1-14 4. Attempts to commit an offense described in subsection 1, 2 or 3;

1-15 5. Solicits another person to commit an offense described in

1-16 subsection 1, 2 or 3; or

2-9 requires:

2-10 1. "Improper means" includes [theft, bribery, misrepresentation,

2-11 breach] , without limitation:

2-12 (a) Theft;

2-13 (b) Bribery;

2-14 (c) Misrepresentation;

2-15 (d) Breach or inducement of a breach of a duty to maintain secrecy [,

2-16 and espionage] ;

2-17 (e) Breach or inducement of a breach of a duty imposed by common

2-18 law, statute, contract, license, protective order or other court or

2-19 administrative order; and

2-20 (f) Espionage through electronic or other means.

2-21 2. "Misappropriation" means:

2-22 (a) Acquisition of the trade secret of another by a person by improper

2-23 means;

2-24 (b) Acquisition of a trade secret of another by a person who knows or

2-25 has reason to know that the trade secret was acquired by improper means;

2-26 [(b)] or

2-27 (c) Disclosure or use of a trade secret of another without express or

2-28 implied consent by a person who:

2-29 (1) Used improper means to acquire knowledge of the trade secret;

2-30 (2) At the time of disclosure or use, knew or had reason to know that

2-31 his knowledge of the trade secret was:

2-32 (I) Derived from or through a person who had used improper

2-33 means to acquire it;

2-34 (II) Acquired under circumstances giving rise to a duty to maintain

2-35 its secrecy or limit its use; or

2-36 (III) Derived from or through a person who owed a duty to the

2-37 person seeking relief to maintain its secrecy or limit its use; or

2-38 (3) Before a material change of his position, knew or had reason to

2-39 know that it was a trade secret and that knowledge of it had been acquired

2-40 by accident or mistake.

2-41 3. "Owner" means the person who holds legal or equitable title to a

3-25 Upon application to the court, an injunction must be terminated when the

3-26 trade secret has ceased to exist, but the injunction may be continued for an

3-27 additional reasonable period of time [in order] to eliminate commercial or

3-28 other advantage that otherwise would be derived from the

3-29 misappropriation.

3-30 2. In exceptional circumstances, an injunction may condition future use

3-31 upon payment of a reasonable royalty for no longer than the period of time

3-32 for which use could have been prohibited. Exceptional circumstances

3-33 include a material and prejudicial change of position before acquiring

3-34 knowledge or reason to know of misappropriation that renders a prohibitive

3-35 injunction inequitable.

3-36 3. In appropriate circumstances, the court may order affirmative acts to

3-40 change of position before acquiring knowledge or reason to know of

3-41 misappropriation renders a monetary recovery inequitable, a complainant is

3-42 entitled to recover damages for misappropriation. Damages include both

4-12 the court shall preserve the secrecy of an alleged trade secret by reasonable

4-13 means, which may include [granting] , without limitation:

4-14 (a) Granting protective orders in connection with discovery proceedings

4-15 [, holding] ;

4-16 (b) Holding hearings in camera [, sealing] ;

4-17 (c) Sealing the records of the action [, and ordering] ;

4-18 (d) Determining if there is a substantial need for any information

4-19 related to the trade secret before ordering discovery;

4-20 (e) Limiting an order which authorizes real time discovery;

4-21 (f) Ordering the party seeking to obtain information related to the

4-22 trade secret to post an appropriate bond;

4-23 (g) Allowing the owner of the trade secret to obtain a signed

4-24 agreement of confidentiality from any party who obtains knowledge of

4-25 the trade secret;

4-26 (h) Ordering a person who obtains knowledge of the trade secret to

4-27 return to the owner of the trade secret any writing which reflects or

4-28 contains the trade secret; and

4-29 (i) Ordering any person involved in the litigation not to disclose an

4-30 alleged trade secret without previous court approval.

4-31 2. As used in this section, "substantial need" means that:

4-32 (a) The information sought is directly relevant to allegations in the

4-33 initial pleading which set forth the facts constituting liability or a defense

4-34 to liability and which are pleaded with particularity;

4-35 (b) The party making the request for discovery will be substantially

4-36 prejudiced if he is not allowed access to the information sought; and

4-37 (c) The party making the request for discovery believes in good faith

4-38 that the testimony based on or evidence derived from the information

4-42 chapter displaces conflicting tort, restitutionary, and other law of this state

5-12 shall be applied and construed to effectuate its general purpose to make

5-13 uniform the law with respect to the subject of this chapter among states

5-14 enacting it.