Act 2
Trade Secrets Protection Act
2009
(h) disclosure or use of another person's undisclosed information
by a person who lawfully obtained that information from
a third person who obtained it unlawfully, where the
person disclosing or using the information knew or should
have known that the information was obtained unlawfully.
7. Acts not contrary to honest commercial practice.
Acts not contrary to honest commercial practice include(a) obtaining information from a publicly available source such
as a library, government records available to the public,
publication, or product available on the market, or from
another person lawfully in possession of that information
without an obligation of confidentiality;
(b) obtaining information by inspection or analysis of a
commercially available product embodying the
undisclosed information;
(c) independent invention or discovery of the undisclosed
information;
(d) obtaining the information by gift, purchase, or inheritance
from the owner;
(e) disclosing or using information that is generally known
among or readily accessible to persons within the circles
that normally deal with that kind of information;
(f) disclosure of information by a recipient of information who
at the time of disclosure to him or her is not informed that
it is subject to an obligation of confidentiality.
8. Right not exclusive.
The right in a trade secret shall not prejudice rights in other forms of
intellectual property.
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