District Of Columbia § 36-401 - Definitions.

Full text of District Of Columbia D.C. Code § 36-401 — Definitions., with citation guidance and answers to common questions.

§ 36-401. Definitions.

36-401

For the purposes of this chapter, the term:

(1)

“Improper means” means 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 the trade secret was:

(I)

Derived from or through a person who had utilized improper means to acquire it;

(II)

Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use;

(III)

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 in his or her position, knew or had reason to know that the information was a trade secret and knowledge of the trade secret had been acquired by accident or mistake.

(3)

“Person” means a natural person, corporation, 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, device, method, technique, or process, that:

(A)

Derives actual or potential independent economic value, from not being generally known to, and not being readily ascertainable by, proper means by another who can obtain economic value from its disclosure or use; and

(B)

Is the subject of reasonable efforts to maintain its secrecy.

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 36-401

What does D.C. Code § 36-401 cover?

Section 36-401 ("Definitions.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 36-401?

A common citation format is "D.C. Code § 36-401" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 36-401 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.