N.D. Cent. Code § 47-25.1-01 Definitions
47-25.1-01. Definitions
As used in this chapter, 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:
a. Acquisition of a trade secret of another by a person who knows or has reason to
know that the trade secret was acquired by improper means; or
b. Disclosure or use of a trade secret of another without express or implied consent
by a person who:
(1) Used improper means to acquire knowledge of the trade secret;
(2) At the time of disclosure or use, knew or had reason to know that the
person's knowledge of the trade secret was:
(a) Derived from or through a person who had utilized improper means to
acquire it;
(b) Acquired under circumstances giving rise to a duty to maintain its
secrecy or limit its use; or
(c) Derived from or through a person who owed a duty to the person
seeking relief to maintain its secrecy or limit its use; or
(3) Before a material change of the person's 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.
3. "Person" means a natural person, corporation, limited liability company, business trust,
estate, trust, partnership, association, joint venture, government, governmental
subdivision or agency, or any other legal or commercial entity.
4. "Trade secret" means information, including a formula, pattern, compilation, program,
device, method, technique, or process, that:
a. Derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons
who can obtain economic value from its disclosure or use; and
b. Is the subject of efforts that are reasonable under the circumstances to maintain
its secrecy.