Act 2
Trade Secrets Protection Act
2009
(1) information protected under this Act must—
(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
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