Act 2
Trade Secrets Protection Act
2009
(a) be a secret in the sense that it is not, as a body or in the
precise configuration and assembly of its components,
generally known among or readily accessible to persons
within the circles that normally deal with the kind of
information in question;
(b) have commercial value because it is secret; and
(c) have been subject to reasonable steps under the
circumstances, by a person lawfully in control of the
information, to keep it secret.
(2) For the avoidance of doubt, a trade secret shall be taken to be
protected so long as the conditions prescribed in subsection (1) are
complied with in relation to it.
5.
Right of action.
(1) Disclosure, acquisition or use of a trade secret by improper
means constitutes an infringement and, subject to this Act, a person
entitled to the benefit of the trade secret may bring proceedings in
respect of the infringement.
(2) For the purposes of this section, a trade secret is not
disclosed, acquired or used by improper means if it is arrived at by
independent development or reverse engineering alone.
(3) Disclosure, acquisition and use of undisclosed information
are only contrary to this Act when they are accomplished in a manner
contrary to honest commercial practice.
(4) For the purposes of this section"improper means" includes commercial espionage by electronic
or other means;
"reverse engineering" means the process of discovering the
technological principles of a device, object or system
through analysis of its structure, function and operation as
long as it is obtained lawfully.
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