Act 2
Trade Secrets Protection Act
2009
18. Disclosure, acquisition or use in good faith.
(1) Where a person in good faith discloses, acquires or uses a trade
secret, and subsequently learns that a person entitled to the benefit of that
trade secret under this Act has been deprived of it by improper means or
by mistake, either the person entitled to that benefit or the person who has
disclosed, acquired or used that trade secret in good faith may bring an
action for a declaration of the rights of the parties.
(2) In an action under subsection (1) the court shall determine
the rights of the parties in accordance with the following principles(a) a person entitled to the benefit of a trade secret shall be
protected under this Act;
(b) notwithstanding paragraph (a), a person who discloses,
acquires or uses a trade secret in good faith is entitled to
disclose, use and transfer the trade secret to the extent
which is just and reasonable having regard to(i) the economic and social value of the consideration
given by that person for the trade secret;
(ii) any change in the position of that person in reliance upon
or in order to exploit the trade secret made before he
or she discovered that the person entitled to the benefit
of the trade secret has been deprived of it by improper
means or mistake as the case may be; and
(iii) the protection granted by this Act to the person
entitled to the benefit of a trade secret.
(3) In an action under subsection (1), the court may(a) make an interim order to protect the interests and preserve the
rights of the parties as may be just; or
(b) award, grant, order or make such remedy as may be
appropriate in the circumstances of the particular case as
if the action were an action referred to in section 5.
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