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Last Modified:  2011-08-03
78 Okl. St. § 85 through 78 Okl. St. §95
§ 85. Short title
Sections 1 through 1 1 of this act shall be known and may be cited as the "Uniform T rade Secrets Act".
§ 86. Definitions
As used in the Uniform T rade Secrets Act, unless the context requires otherwise:
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.
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; or
b. disclosure or use of a trade secret of another without express or  
implied consent by a person who:
(1) used improper means to acquire knowledge of the trade secret;  
or
(2) at the time of disclosure or use, knew or had reason to know  
that his knowledge of the trade secret was:
(a) derived from or through a person who had utilized improper  
means to acquire it; or
(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;  
or
(3) before a material change of his 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.
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 formula, pattern, compilation, program, device, method, technique or process, that:Oklahoma Uniform Trade Secrets ActAbout Recently Filed Cases Recent Decisions Legislative Developments Statutes Search
a. derives independent economic value, actual or potential, from not  
being generally known to, and not being readily ascertainable by  
proper means by , other persons who can obtain economic value from its  
disclosure or use, and
b. is the subject of ef forts that are reasonable under the  
circumstances to maintain its secrecy .
§ 87. Injunctions--Court orders
A. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade
secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial
advantage that otherwise would be derived from the misappropriation.
B. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period
of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial
change of position prior to acquiring knowledge or reason to know of a misappropriation that renders a prohibitive injunction inequitable.
C. In appropriate circumstances, af firmative acts to protect a trade secret may be compelled by court order .
§ 88. Damages
A. 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
can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into
account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be
measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
B. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award
made pursuant to the provisions of subsection A of this section.
§ 89. Attorney's fees
The court may award reasonable attorney's fees to the prevailing party if:
1. A claim of misappropriation is made in bad faith; or
2. A motion to terminate an injunction is made or resisted in bad faith; or
3. Willful and malicious misappropriation exists.
§ 90. Means of preserving trade secrets
In an action brought pursuant to the provisions of the Uniform T rade Secrets Act, 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 pursuant to the
provisions of Section 3203 of T itle 12 of the Oklahoma Statutes, 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 without prior court approval.
§ 91. Limitation of actions
An action for misappropriation must be brought within three (3) 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.
§ 92. Operation and effect of act--Exemptions
A. Except as provided for in subsection B of this section, the Uniform T rade Secrets Act displaces conflicting tort, restitutionary , and other
law of this state providing civil remedies for misappropriation of a trade secret.
B. The Uniform T rade Secrets Act does not af fect:
1. contractual remedies, whether or not based upon misappropriation of a trade secret; or
2. other civil remedies that are not based upon misappropriation of a trade secret; or
3. criminal remedies, whether or not based upon misappropriation of a trade secret.§ 93. Application and construction of act
The Uniform T rade Secrets Act shall be applied and construed to ef fectuate its general purpose to make uniform the law with respect to the
subject of this act among states enacting it.
§ 94. Exemptions
The Uniform T rade Secrets Act shall not be construed to apply:
1. to a misappropriation occurring prior to the ef fective date of this act; or
2. with respect to a continuing misappropriation that began prior to the ef fective date of this act, to the continuing misappropriation that
occurs after the ef fective date of this act.
§ 95. Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989
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