Illinois Compiled Statutes 765 ILCS 1065 Illinois Trade Secrets Act. Section 2

    (765 ILCS 1065/2) (from Ch. 140, par. 352)

    Sec. 2. As used in this Act, unless the context requires otherwise:

    (a) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means. Reverse engineering or independent development shall not be considered improper means.

    (b) "Misappropriation" means:

    (1) acquisition of a trade secret of a person by another person who knows or has reason to know that the trade secret was acquired by improper means; or

    (2) disclosure or use of a trade secret of a person without express or implied consent by another 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 knowledge of the trade secret was:

    (I) derived from or through a person who 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.

    (c) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other for-profit or not-for-profit legal entity.

    (d) "Trade secret" means information, including but not limited to, technical or non-technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, that:

    (1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and

    (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality.

(Source: P.A. 85-366.)

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Last modified: February 18, 2015