5 chapters · 62 sections in this title.
D.C. Code § 36-401 Definitions
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For the purposes of this chapter, the term: (1) “Improper means” means theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) “Misappropriation” means: (A) Acquisition of a trade secre…
D.C. Code § 36-402 Injunctive relief
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(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for a reasonable period of time to eliminate commercial advantage that otherw…
D.C. Code § 36-403 Damages
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(a) A complainant is entitled to recover damages for misappropriation, unless a material and prejudicial change of position prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable. Damages may include both the actual loss cau…
D.C. Code § 36-404 Attorney’s fees
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The court may award reasonable attorney’s fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A motion to terminate an injunction is made or resisted in bad faith; or (3) Willful and malicious misappropriation exists.
D.C. Code § 36-405 Preservation of secrecy
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In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, or sealing the records of the action and ordering…
D.C. Code § 36-406 Statute of limitations
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An action for misappropriation must be brought within 3 years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
D.C. Code § 36-407 Effect on other law
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(a) Except as provided in subsection (b) of this section, this chapter supersedes conflicting tort, restitution and other law of the District of Columbia providing civil remedies for misappropriation of a trade secret. (b) This chapter does not affect: (1) Contractual remedies, w…
D.C. Code § 36-408 Uniformity of application and construction
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This chapter shall be applied and construed to make uniform the law with respect to trade secrets among the District of Columbia and those states enacting it.
D.C. Code § 36-409 Applicability
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This chapter does not apply to misappropriation occurring prior to March 16, 1989. With respect to a continuing misappropriation that began prior to March 16, 1989, the chapter does not apply to the continuing misappropriation that occurs after March 16, 1989.
D.C. Code § 36-410 Disclosure of information to enforce the Occupational Safety and Health Act of 1988 and Pesticide Operations Act of 1978
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(a) Nothing in this chapter shall prevent the disclosure of accurate and specific information to the Mayor, other District officers or their representatives, private or public sector employees, or the Occupational Safety and Health Commission if necessary to enforce § 32-1101 et …