(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 558–Committee on Government Affairs

 

March 26, 2001

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Referred to Committee on Commerce and Labor

 

SUMMARY—Strengthens protection of patents and trade secrets. (BDR 52‑1480)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to information; providing additional protection for trade secrets; defining an employer’s right to intellectual property created by his employee; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 600 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    Except as otherwise provided by express written agreement, an

1-4  employer is the sole owner of any patentable invention or trade secret

1-5  developed by his employee during the course of the employment that

1-6  relates directly to work performed during the course of the employment.

1-7    Sec. 2.  Chapter 600A of NRS is hereby amended by adding thereto a

1-8  new section to read as follows:

1-9    The owner of a trade secret is presumed to make a reasonable effort to

1-10  maintain its secrecy if the word “Confidential” or “Private” or another

1-11  indication of secrecy is placed in a reasonably noticeable manner on any

1-12  medium or container that describes or includes any portion of the trade

1-13  secret. This presumption may be rebutted only by clear and convincing

1-14  evidence that the owner did not take reasonable efforts to maintain the

1-15  secrecy of the trade secret.

 

1-16  H