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Last Modified:  2011-08-06
Current through the 201 1 1st Extraordinary Session.
TITLE 51: T rade and Commerce  
CHAPTER 13-A: Uniform T rade Secrets Act
La. R.S. 51:1431-39 (201 1)
§ 51:1431. Definitions
As used in this Chapter , 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:
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(aa) derived from or through a person who had utilized improper means to acquire it;
(bb) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(cc) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) 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) "T rade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(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 .
§ 51:1432. Injunctive relief
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 commercialLouisiana Uniform Trade Secrets ActAbout Recently Filed Cases Recent Decisions Legislative Developments Statutes Search
advantage that otherwise would be derived from the misappropriation.
B. If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a
reasonable royalty for no longer than the period of time the use could have been prohibited.
C. In appropriate circumstances, af firmative acts to protect a trade secret may be compelled by court order .
§ 51:1433. Damages
In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A
complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages
for actual loss.
§ 51:1434. Attorney's fees
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and
malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party .
§ 51:1435. Preservation of secrecy
In an action under this Chapter , 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, 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.
§ 51:1436. Prescriptive period
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable
diligence should have been discovered. For the purpose of this Section, a continuing misappropriation constitutes a single claim.
§ 51:1437. Effect on other law
A. This Chapter displaces conflicting tort, restitutionary , and other laws of this state pertaining to civil liability for misappropriation of a trade
secret.
B. This Chapter does not af fect:
(1) contractual or other civil liability or relief that is not based upon misappropriation of a trade secret, or
(2) criminal liability for misappropriation of a trade secret.
§ 51:1438. Uniformity of application and construction
This Chapter shall be applied and construed to ef fectuate its general purpose to make uniform the law with respect to the subject of this
Chapter among states enacting it.
§ 51:1439.  Short title
This Chapter may be cited as the Uniform T rade Secrets Act.
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