Title XXIX, Commerce and Trade

software, repair tools, signage and fixtures required by the supplier -- Reimbursement for training. (1) (a) The supplier shall repurchase inventory previously purchased from the supplier and held by the retailer on the date of termination of the retail agreement contract. The su…

Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year after the termination of a retail agreement contract, the retailer's reserve accounts f…

The provisions of KRS 365.800 to 365.840 shall not require the repurchase from a retailer of: (1) Any repair part or superseded part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries; (2) Any repair part or supe…

If any supplier fails or refuses to repurchase any inventory covered under the provisions of KRS 365.800 to 365.840 within sixty (60) days after shipment of the inventory to the supplier, the supplier shall be liable in a civil action for one hundred percent (100%) of the current…

Option of heirs -- Previous agreements of succession rights. (1) In the event of the death of a retailer or the majority owner of the equity interests of the entity operating as a retailer, the supplier shall, at the option of the heirs of the retailer or the majority owner, repu…

- When not permitted -- Notice. (1) No supplier, directly or through an officer, agent, or employee, shall terminate or substantially change the competitive circumstances of a retail agreement contract without good cause. As used in this subsection, "good cause" means the failure…

No supplier shall: (1) Coerce any retailer to accept delivery of inventory which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or attachments are safety parts or attachments required by a supplier; (2) Condition the sale of ad…

(1) Claims filed by a retailer for payment under warranty agreements shall be approved or disapproved within thirty (30) days of receipt by the supplier. All claims for payment shall be paid within thirty (30) days of their approval. If any claim is disapproved, the supplier shal…

The provisions of KRS 365.800 to 365.840 shall represent a public policy of this Commonwealth and shall not be waivable in any retail agreement contract, and any attempted waiver shall be void.

inspect inventory under repurchase arrangement. The provisions of KRS 365.800 to 365.840 shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase shall not be subject to the provisions of th…

The provisions of KRS 365.800 to 365.840 shall apply to all retail agreement contracts entered into before June 25, 2013, which have no expiration date and are a continuing contract, and all other contracts entered into or renewed on or after June 25, 2013. Any contract in force …

As used in KRS 365.855 to 365.875: (1) "Artist" means the person who creates a work of fine art or, if such person is deceased, such person's heir, legatee, or personal representative; (2) "Fine art" shall include, but is not limited to, a painting, sculpture, drawing, work of gr…

Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist's own creation to an art dealer in the Commonwealth for the purpose of exhibition or sale, or both, on a commission, …

The following provisions shall apply to consignment of a work of fine art: (1) The art dealer, after delivery of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art; (2) The work of fine art shall c…

consignor. A work of fine art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account until the price is paid in full to the consignor or upon agreement to an in…

Any provision of a contract or agreement whereby the consignor waives any provision of KRS 365.855 to 365.875 is void.

(1) The provisions of KRS 365.855 to 365.870 shall not apply to a written contract executed prior to July 15, 1986, unless either the parties agree by mutual consent that the provisions of KRS 365.855 to 365.870 shall apply or such contract is extended or renewed after July 15, 1…

As used in KRS 365.880 to 365.900, unless the context requires otherwise: (1) "Improper means" includes 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:…

(1) 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 an additional reasonable period of time in order to eliminate commercial …

(1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant shall be entitled to recover damages for misappropriation. Damages may include bot…

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

In an action under KRS 365.880 to 365.900, 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, sealing the records of the action, and …

An action for misappropriation must be brought within three (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.

(1) Except as provided in subsection (2) of this section, KRS 365.880 to 365.900 replaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (2) KRS 365.880 to 365.900 shall not affect: (a) Contractual re…

KRS 365.880 to 365.900 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of KRS 365.880 to 365.900 among states enacting it.

KRS 365.880 to 365.900 may be cited as the Uniform Trade Secrets Act.

If any provision of KRS 365.880 to 365.900 or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of KRS 365.880 to 365.900 which can be given effect without the invalid provision or application, and to …

KRS 365.880 to 365.900 shall take effect on July 13, 1990, and shall not apply to misappropriation occurring prior to July 13, 1990. With respect to a continuing misappropriation that began prior to July 13, 1990, KRS 365.880 to 365.900 also shall not apply to the continuing misa…

(1) Any person who violates any of the provisions of KRS 365.015 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or imprisoned for not less than ten (10) days nor more than thirty (30) days, or both, and each day that the violation…

(1) Any person making a false statement in the application provided for in KRS 365.410 to 365.480 is guilty of perjury and shall be imprisoned for not more than five (5) years. (2) Any person who advertises, represents or holds out to the public any sale of goods to be an insuran…

Any person violating KRS 365.490 to 365.510 shall be fined not less than $300 nor more than $500 or imprisoned not less than ten (10) nor more than thirty (30) days for the first offense. For the second offense he shall be fined not less than $500 nor more than $1,000 and impriso…

The commissioner may revoke a license on any ground on which he may refuse to grant a license or for violation of any provision of this chapter.

As used in KRS 367.170 to 367.300: (1) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. (2) "Trade" and "commerce" means the advertising, offering for sale, or distribution of any services…

(1) The General Assembly finds that the public health, welfare and interest require a strong and effective consumer protection program to protect the public interest and the well-being of both the consumer public and the ethical sellers of goods and services; toward this end, a C…

(1) The members of the Consumers' Advisory Council shall be sixteen (16) in number and shall be appointed by the Governor and shall include citizens of Kentucky generally knowledgeable in consumer affairs. (2) In addition to the members appointed by the Governor, the Attorney Gen…

(1) The Consumers' Advisory Council shall be attached for administrative purposes to the Department of Law, with such duties and responsibilities to act in an advisory capacity on consumer affairs as the council deems necessary and as directed by the Governor, the Attorney Genera…

The Department of Law shall have the following functions, powers and duties: (1) To promote the coordination of consumer protection activities of all departments, divisions and branches of state, county and city government, concerned with activities involving consumer interests; …

statute. The Attorney General shall have concurrent authority with the county attorney for the enforcement of the following statute: KRS 517.040, Bait advertising.

information by utility and health insurance intervenors. (1) All departments, agencies, officers, and employees of the Commonwealth shall fully cooperate with the Attorney General in carrying out the functions of KRS 367.120 to 367.300. (2) The persons designated by the Attorney …

(1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. (2) For the purposes of this section, unfair shall be construed to mean unconscionable.

(1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful. (2) It shall be unlawful for any person or persons to monopolize, attempt to monopolize, or combine or conspire with any ot…

(1) No provision of KRS 367.175 shall be construed to make illegal the activities of any person or organization, including but not limited to any labor organization, agricultural or horticultural cooperative organization, or consumer organization, or of individual members thereof…

KRS 367.170 shall not apply to the owner or publisher of newspapers, magazines or publications wherein such advertisements appear, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowl…

(1) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by KRS 367.170 to be unlawful, and that proceedings would be in the public interest, he may immediately move in the name of the Comm…

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been paid out as a result of any practice declared to be unlawful by KRS 367.130 to 367.300, including the appo…

Whenever a receiver is appointed by the court pursuant to KRS 367.110 to 367.300, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, …