Hawaii Revised Statutes 482b. Trade Secrets

  • 482b-1 Short Title.
    This chapter may be cited as the Uniform Trade Secrets Act. [L 1989, c 221, pt of §1; am L 2008, c 19, §44]
  • 482b-2 Definitions.
    As used in this chapter, unless the context requires otherwise: "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a...
  • 482b-3 Injunctive Relief.
    (a) Actual or threatened misappropriation may be enjoined. Upon application to a circuit court of the State, an injunction shall be terminated when the...
  • 482b-4 Damages.
    (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders...
  • 482b-5 Attorney's Fees.
    The court may award reasonable attorney's fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A...
  • 482b-6 Preservation of Secrecy.
    In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting...
  • 482b-7 Statute of Limitations.
    An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have...
  • 482b-8 Effect on Other Law.
    (a) Except as provided in subsection (b) this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation...
  • 482b-9 Severability.
    If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions...

Case Notes

By alleging an induced breach of a confidentiality agreement or a non-disclosure agreement, plaintiff had also alleged that defendants improperly acquired trade secret information; those claims were sufficiently related to plaintiff's allegations of trade secret misappropriation to warrant preemption under this chapter; defendants' motion to dismiss granted. 780 F. Supp. 2d 1061 (2011).

Trade secrets may be subject to equitable division pursuant to 580-47, depending upon when the right to the trade secret vested. 99 H. 101, 53 P.3d 240.

Last modified: October 27, 2016