(765 ILCS 1065/1) (from Ch. 140, par. 351)
Sec. 1.
This Act shall be known as and may be cited as the "Illinois
Trade Secrets Act".
(Source: P.A. 85-366.)
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(765 ILCS 1065/2) (from Ch. 140, par. 352)
Sec. 2.
As used in this Act, unless the context requires otherwise:
(a) "Improper means" includes theft, bribery, misrepresentation, breach
or inducement of a breach of a confidential relationship or other duty to
maintain secrecy or limit use, or espionage through electronic or other means.
Reverse engineering or independent development shall not be considered improper means.
(b) "Misappropriation" means:
(1) acquisition of a trade secret of a person by another person who
knows or has reason to know that the trade secret was acquired by improper means; or
(2) disclosure or use of a trade secret of a person without express or
implied consent by another person who:
(A) used improper means to acquire knowledge of the trade secret; or
(B) at the time of disclosure or use, knew or had reason to know that
knowledge of the trade secret was:
(I) derived from or through a person who utilized improper means to acquire it;
(II) acquired under circumstances giving rise to a duty to maintain its
secrecy or limit its use; or
(III) derived from or through a person who owed a duty to the person
seeking relief to maintain its secrecy or limit its use; or
(C) before a material change of position, knew or had reason to know
that it was a trade secret and that knowledge of it had been acquired by
accident or mistake.
(c) "Person" means a natural person, corporation, business trust,
estate, trust, partnership, association, joint venture, government,
governmental subdivision or agency, or any other for-profit or
not-for-profit legal entity.
(d) "Trade secret" means information, including but not limited to,
technical or non-technical data, a formula, pattern, compilation, program,
device, method, technique, drawing, process, financial data, or list of
actual or potential customers or suppliers, that:
(1) is sufficiently secret to derive economic value, actual or potential, from not being
generally known to other persons who can obtain economic value from its
disclosure or use; and
(2) is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy or confidentiality.
(Source: P.A. 85-366.)
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(765 ILCS 1065/3) (from Ch. 140, par. 353)
Sec. 3.
(a) Actual or threatened misappropriation may be enjoined.
Upon application to the court, an injunction may be terminated when the
trade secret has ceased to exist, provided that the injunction may be
continued for an additional reasonable period of time in appropriate
circumstances for reasons including, but not limited to an elimination of
the commercial advantage that otherwise would be derived from the
misappropriation, deterrence of willful and malicious misappropriation, or
where the trade secret ceases to exist due to the fault of the enjoined
party or others by improper means.
(b) If the court determines that it would be unreasonable to prohibit
future use due to an overriding public interest, an injunction may
condition future use upon payment of a reasonable royalty for no longer
than the period of time the use could have been prohibited.
(c) In appropriate circumstances, affirmative acts to protect a trade
secret may be compelled by a court order.
(Source: P.A. 85-366.)
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(765 ILCS 1065/4) (from Ch. 140, par. 354)
Sec. 4.
(a) In addition to the relief provided for by Section
3, a person is entitled to recover damages for misappropriation. Damages
can 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. If neither damages nor unjust enrichment caused by
the misappropriation are proved by a preponderance of the evidence, the
court may award damages caused by misappropriation measured in terms of a
reasonable royalty for a misappropriator's unauthorized disclosure or use
of a trade secret.
(b) If willful and malicious misappropriation exists, the court may
award exemplary damages in an amount not exceeding twice any award made
under subsection (a).
(Source: P.A. 85-366.)
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(765 ILCS 1065/5) (from Ch. 140, par. 355)
Sec. 5.
If (i) a claim of misappropriation is made in bad faith, (ii)
a motion to terminate an injunction is made or resisted in bad faith, or
(iii) willful and malicious misappropriation exists, the court may award
reasonable attorney's fees to the prevailing party.
(Source: P.A. 85-366.)
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(765 ILCS 1065/6) (from Ch. 140, par. 356)
Sec. 6.
In an action under this Act, 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 ordering
any person involved in the litigation not to disclose an alleged trade
secret without prior court approval.
(Source: P.A. 102-558, eff. 8-20-21.)
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(765 ILCS 1065/7) (from Ch. 140, par. 357)
Sec. 7.
An action for misappropriation must be brought within 5 years
after the misappropriation is discovered or by the exercise of reasonable
diligence should have been discovered. For the purposes of this Act, a
continuing misappropriation constitutes a single claim.
(Source: P.A. 85-366.)
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(765 ILCS 1065/8) (from Ch. 140, par. 358)
Sec. 8.
(a) Except as provided in subsection (b), this Act is intended to displace
conflicting tort, restitutionary, unfair competition, and other laws of this
State providing civil remedies for misappropriation of a trade secret.
(b) This Act does not affect:
(1) contractual remedies, whether or not based upon misappropriation of a
trade secret, provided however, that a contractual or other duty to
maintain secrecy or limit use of a trade secret shall not be deemed to be
void or unenforceable solely for lack of durational or geographical
limitation on the duty;
(2) other civil remedies that are not based upon misappropriation of a trade secret;
(3) criminal remedies, whether or not based upon misappropriation of a trade secret; or
(4) the definition of a trade secret contained in any other Act of this State.
(Source: P.A. 85-366.)
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(765 ILCS 1065/9) (from Ch. 140, par. 359)
Sec. 9.
This Act takes effect on January 1, 1988, and does not apply
to misappropriation occurring prior to its effective date.
(Source: P.A. 85-366.)
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