Act 2
Trade Secrets Protection Act
2009
is in fact subject to an obligation of confidentiality; or
(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
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