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Last Modified:  2011-08-07
Current through the 2010 Regular and Special Sessions
TITLE 30 TRADE AND COMMERCE  
CHAPTER 14 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION  
PART 4 UNIFORM TRADE SECRETS ACT
Mont. Code Anno., §§ 30-14-401 through 409 (2010)
30-14-401 Short title.
This part may be cited as the "Uniform T rade Secrets Act".
30-14-402 Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(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;
(ii) at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:
(A) derived from or through a person who had used 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; or
(iii) before a material change of the person's 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 or computer software, 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; andMontana Uniform Trade Secrets ActAbout Recently Filed Cases Recent Decisions Legislative Developments Statutes Search
(b) is the subject of ef forts that are reasonable under the circumstances to maintain its secrecy .
30-14-403 Injunctive relief -- royalty .
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must 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.
(2) 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 misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, af firmative acts to protect a trade secret may be compelled by court order .
30-14-404 Damages.
(1) 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
may 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 use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary damages.
30-14-405 Costs and attorney 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 costs and attorney fees to the prevailing party .
30-14-406 Preservation of secret.
In an action under this part, 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.
30-14-407 Statute of limitations.
An action for misappropriation must be brought within 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.
0-14-408 Effect on other law .
(1) Except as provided in subsection (2), this part displaces conflicting tort, restitutionary , and other law of this state providing civil remedies
for misappropriation of a trade secret.
(2) This part does not af fect:
(a) contractual remedies, whether or not based upon misappropriation of a trade secret;
(b) other civil remedies that are not based upon misappropriation of a trade secret; or
(c) criminal remedies, whether or not based upon misappropriation of a trade secret.
30-14-409 Uniformity of application and construction.
This part shall be applied and construed to ef fectuate its general purpose to make the law uniform with respect to the subject of this act
among states enacting it.
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