{"data":{"id":"us-or/ors-646.461","jurisdiction":"us-or","citation":"ORS 646.461","heading":"Definitions for ORS 646.461 to 646.475.","body":"As used in ORS 646.461 to 646.475, unless the context otherwise requires:\n      (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. Reverse engineering and independent development alone shall not be considered improper means.\n      (2) “Misappropriation” means:\n      (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;\n      (b) Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of the trade secret;\n      (c) Disclosure or use of a trade secret of another without express or implied consent by a person who, before a material change of 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; or\n      (d) Disclosure or use of a trade secret of another without express or implied consent by a person, who at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was:\n      (A) Derived from or through a person who had utilized improper means to acquire it;\n      (B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or\n      (C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.\n      (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.\n      (4) “Trade secret” means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:\n      (a) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and\n      (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.","path":["16 - Trade Practices, Labor and Employment","50. Trade Regulations and Practices","Chapter 646 — Trade Practices and Antitrust Regulation"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors646.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:16Z","sha256":"39418c9f11b8960383d1a30827aa2ea817c0057b8bf88ea0cd9f90c09ae1f6fd","source_id":"us-or","stale":false,"prev":"us-or/ors-646.460","next":"us-or/ors-646.463"},"notice":"GroundRules: Original legal text. Not legal advice."}