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Ark. Code Ann. § 4-75-601

Definitions

Applied in 39 court decisions — leading case Bendinger v. Marshalltown Trowell Co. (1999)

Most recently applied in Walmart, Inc. v. Cuker Interactive, LLC (February 2020)

Acts 1981, No. 439, § 1; A.S.A. 1947, § 70-1001.

How often courts cite this section

1988199020002010202040
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in this subchapter, unless the context otherwise requires:

(1) “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;

(2) “Misappropriation” means: 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

(3) Disclosure or use of a trade secret of another without express or implied consent by a person who: Used improper means to acquire knowledge of the trade secret; or

(4) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: Derived from or through a person who had utilized improper means to acquire it;

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

(6) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(7) Before a material change of his 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;

(8) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;

(9) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: 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

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

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.