South Dakota § 37-29-1 - Definitions.

§ 37-29-1. Definitions.

Terms used in this chapter mean:

(1)    "Improper," 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,"

(i)    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

(ii)    Disclosure or use of a trade secret of another without express or implied consent by a person who:

(A)    Used improper means to acquire knowledge of the trade secret; or

(B)    At the time of disclosure or use, knew or had reason to know that such knowledge of 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; or (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

(C)    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;

(3)    "Person," a natural person, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity;

(4)    "Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(i)    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

(ii)    Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Source: SL 1988, ch 354, § 1; SL 1994, ch 351, § 89.