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<section article="gcl" article_name="Commercial Law" number="11-1201" title_number="11" title_name="Trade Regulation" subtitle_number="12" subtitle_name="Maryland Uniform Trade Secrets Act">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“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.</text>
  </level>
  <level label="c">
    <text>“Misappropriation” means the:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>Disclosure or use of a trade secret of another without express or implied consent by a person who:</text>
      <level label="i">
        <text>Used improper means to acquire knowledge of the trade secret; or</text>
      </level>
      <level label="ii">
        <text>At the time of disclosure or use, knew or had reason to know that the person’s knowledge of the trade secret was:</text>
        <level label="1">
          <text>Derived from or through a person who had utilized improper means to acquire it;</text>
        </level>
        <level label="2">
          <text>Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or</text>
        </level>
        <level label="3">
          <text>Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or</text>
        </level>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>“Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.</text>
  </level>
  <level label="e">
    <text>“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.</text>
    </level>
  </level>
</section>
