KRS 365.880: Definitions.

As used in KRS 365.880 to 365.900, 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;

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, data, 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 efforts that are reasonable under the circumstances to

maintain its secrecy.