Terms Used In Montana Code 30-14-408

• Misappropriation: means :

  (a)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

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

  (i)used improper means to acquire knowledge of the trade secret;

  (ii)at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:

  (A)derived from or through a person who had used improper means to acquire it;

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

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

  (iii)before a material change of the person's 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 Montana Code 30-14-402

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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.
• Trade secret: means information or computer software, including a formula, pattern, compilation, program, device, method, technique, or process, that:

  (a)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

  (b)is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Montana Code 30-14-402