1.  Except as otherwise provided in subsection 2, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.

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Terms Used In Nevada Revised Statutes 600A.090

  • Misappropriation: means :

    (a) Acquisition of the trade secret of another by a person by improper means;

    (b) 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

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

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

    (2) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:

    (I) Derived from or through a person who had used 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

    (3) Before a material change of his or her 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. See Nevada Revised Statutes 600A.030

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

2.  This chapter does not affect:

(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(b) Other civil remedies that are not based upon misappropriation of a trade secret; or

(c) Except as otherwise provided in NRS 600A.035, criminal sanctions, whether or not based upon misappropriation of a trade secret.