325 sections in this chapter.
ORS 646.390 [1993 c.582 §6; 1997 c.631 §512; renumbered 646A.260 in 2007]
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[Repealed or reserved.]
ORS 646.392 [1993 c.582 §7; renumbered 646A.262 in 2007]
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[Repealed or reserved.]
ORS 646.394 [1993 c.582 §8; renumbered 646A.264 in 2007]
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[Repealed or reserved.]
ORS 646.396 [1993 c.582 §§9,10; 2005 c.338 §7; renumbered 646A.266 in 2007]
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[Repealed or reserved.]
ORS 646.397 [2005 c.338 §5; renumbered 646A.268 in 2007]
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[Repealed or reserved.]
ORS 646.398 [2005 c.338 §6; renumbered 646A.270 in 2007]
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[Repealed or reserved.]
ORS 646.400 [2001 c.969 §1; 2003 c.655 §80; renumbered 646A.050 in 2007]
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[Repealed or reserved.]
ORS 646.402 [2001 c.969 §2; 2003 c.655 §81; 2005 c.41 §§7,8; renumbered 646A.052 in 2007]
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[Repealed or reserved.]
ORS 646.404 [2001 c.969 §3; renumbered 646A.054 in 2007]
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[Repealed or reserved.]
ORS 646.410 [Repealed by 1975 c.255 §17]
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[Repealed or reserved.]
ORS 646.415 [1983 c.551 §1; 1993 c.406 §1; 2003 c.466 §1; renumbered 646A.300 in 2007]
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[Repealed or reserved.]
ORS 646.419 [1989 c.404 §2; renumbered 646A.302 in 2007]
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[Repealed or reserved.]
ORS 646.420 [Repealed by 1975 c.255 §17]
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[Repealed or reserved.]
ORS 646.425 [1983 c.551 §2; 1991 c.83 §5; 1993 c.406 §6; 2003 c.466 §2; renumbered 646A.304 in 2007]
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[Repealed or reserved.]
ORS 646.430 [Repealed by 1975 c.255 §17]
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[Repealed or reserved.]
ORS 646.435 [1983 c.551 §3; 1993 c.406 §7; renumbered 646A.306 in 2007]
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[Repealed or reserved.]
ORS 646.440 [Repealed by 1975 c.255 §17]
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[Repealed or reserved.]
ORS 646.445 [1983 c.551 §4; 1993 c.406 §8; 2003 c.466 §3; renumbered 646A.308 in 2007]
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[Repealed or reserved.]
ORS 646.447 [1993 c.406 §3; 2003 c.466 §4; renumbered 646A.310 in 2007]
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[Repealed or reserved.]
ORS 646.449 [1993 c.406 §4; 2003 c.466 §5; renumbered 646A.312 in 2007]
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[Repealed or reserved.]
ORS 646.450 [Repealed by 1975 c.255 §17]
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[Repealed or reserved.]
ORS 646.451 [1993 c.406 §5; 2003 c.466 §6; 2003 c.598 §47a; renumbered 646.459 in 2003]
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[Repealed or reserved.]
ORS 646.452 [2003 c.466 §8; renumbered 646A.314 in 2007]
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[Repealed or reserved.]
ORS 646.453 [2003 c.466 §10; renumbered 646A.316 in 2007]
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[Repealed or reserved.]
ORS 646.454 [2003 c.466 §9; renumbered 646A.318 in 2007]
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[Repealed or reserved.]
ORS 646.455 [1983 c.551 §5; repealed by 2003 c.466 §12]
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[Repealed or reserved.]
ORS 646.456 [2003 c.466 §11; renumbered 646A.320 in 2007]
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[Repealed or reserved.]
ORS 646.459 [Formerly 646.451; renumbered 646A.322 in 2007]
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[Repealed or reserved.]
ORS 646.460 [Repealed by 1975 c.255 §17]
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TRADE SECRETS
ORS 646.461 Definitions for ORS 646.461 to 646.475. As used in ORS 646.461 to 646.475, unless the context otherwise requires
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(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. Reverse engineering and independent development alone shall not be considered improper means. (2) “Misap…
ORS 646.463 Enjoining misappropriation; payment of royalties; affirmative acts. (1) Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated 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 advantage that otherwise would be derived from the misappropriation
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(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position …
ORS 646.465 Damages for misappropriation. (1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable
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(2) Damages may include both the actual loss caused by misappropriation, and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss, but shall not be less than a reasonable royalty for the unauthorized disclosure or use of a trade…
ORS 646.467 Attorney fees. The court may award reasonable attorney fees to the prevailing party if
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(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 or malicious misappropriation is found by the court or jury. [1987 c.537 §5]
ORS 646.469 Preservation of trade secret by court; methods. In any action brought under ORS 646.461 to 646.475, the 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 or ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. [1987 c.537 §6]
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[Repealed or reserved.]
ORS 646.471 Limitation on commencement of action. An action for misappropriation must be brought within three 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. [1987 c.537 §7]
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[Repealed or reserved.]
ORS 646.473 Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents. (1) Except as provided in subsection (2) of this section, ORS 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret
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(2) ORS 646.461 to 646.475 shall not affect: (a) Contractual remedies, whether or not based upon misappropriation of a trade secret; (b) Other civil remedies that are not based upon misappropriation of a trade secret; (c) Criminal remedies, whether or not based upon misappropriat…
ORS 646.475 Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity. (1) ORS 646.461 to 646.475 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of ORS 646.461 to 646.475 among states enacting them
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(2) ORS 646.461 to 646.475 may be cited as the Uniform Trade Secrets Act. (3) If any provision of ORS 646.461 to 646.475 or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of ORS 646.461 to 646.475 w…
ORS 646.482 [1997 c.562 §1; 1999 c.81 §1; 2007 c.70 §281; renumbered 646A.460 in 2007]
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[Repealed or reserved.]
ORS 646.484 [1997 c.562 §2; renumbered 646A.462 in 2007]
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[Repealed or reserved.]
ORS 646.486 [1997 c.562 §3; renumbered 646A.464 in 2007]
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[Repealed or reserved.]
ORS 646.488 [1997 c.562 §4; renumbered 646A.466 in 2007]
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[Repealed or reserved.]
ORS 646.490 [1997 c.562 §5; renumbered 646A.468 in 2007]
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[Repealed or reserved.]
ORS 646.492 [1997 c.562 §6; renumbered 646A.470 in 2007]
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[Repealed or reserved.]
ORS 646.494 [1997 c.562 §7; renumbered 646A.472 in 2007]
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[Repealed or reserved.]
ORS 646.496 [1997 c.562 §8; renumbered 646A.474 in 2007]
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[Repealed or reserved.]
ORS 646.498 [1997 c.562 §9; 2001 c.542 §8; 2003 c.14 §392; renumbered 646A.476 in 2007]
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[Repealed or reserved.]
ORS 646.500 [2001 c.767 §1; renumbered 646A.500 in 2007]
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[Repealed or reserved.]
ORS 646.501 [2001 c.767 §2; renumbered 646A.502 in 2007]
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[Repealed or reserved.]
ORS 646.502 [2001 c.767 §3; renumbered 646A.504 in 2007]
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[Repealed or reserved.]
ORS 646.503 [2001 c.767 §§4,8; renumbered 646A.506 in 2007]
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[Repealed or reserved.]