Illinois Trade Secrets Act

Illinois · Property · §§ 765-1065-1 to 765-1065-9 · 9 sections

Overview

This act governs the protection of trade secrets, defining what qualifies as one and setting out the obligation of employees and others not to disclose confidential business information entrusted to them. It establishes a civil cause of action for actual or threatened misappropriation, with remedies including injunctive relief, actual damages, exemplary damages, and an award of attorney's fees where a party has acted in bad faith, subject to a fixed period within which suit must be brought. It also directs courts to preserve secrecy during discovery and in criminal proceedings through protective orders, imposes criminal penalties for stealing trade secrets, and displaces conflicting tort and restitutionary law covering the same conduct.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

765 ILCS 1065/1This Act shall be known as and may be cited as the "Illinois Trade Secrets Act"
765 ILCS 1065/2As 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
765 ILCS 1065/3(a) Actual or threatened misappropriation may be enjoined
765 ILCS 1065/4(a) In addition to the relief provided for by Section 3, a person is entitled to recover damages for misappropriation
765 ILCS 1065/5If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party
765 ILCS 1065/6Property › 765 ILCS 1065 — Illinois Trade Secrets Act
765 ILCS 1065/7An action for misappropriation must be brought within 5 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered
765 ILCS 1065/8(a) Except as provided in subsection (b), this Act is intended to displace conflicting tort, restitutionary, unfair competition, and other laws of this State providing civil remedies for misappropriation of a trade secret
765 ILCS 1065/9This Act takes effect on January 1, 1988, and does not apply to misappropriation occurring prior to its effective date

Enacted in other states

Alabama, Idaho, New Jersey, South Carolina

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