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ACTS SUPPLEMENT No. 2 12th June, 2009. ACTS SUPPLEMENT to The Uganda Gazette No. 27 Volume CII dated 12th June, 2009. Printed by UPPC, Entebbe, by Order of the Government. Act 2 Trade Secrets Protection Act 2009 THE TRADE SECRETS PROTECTION ACT, 2009. |
ARRANGEMENT OF SECTIONS. Section. Part I—Preliminary
Part II—Protection of Trade Secrets
Part III—Remedies And Defences
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Act 2 Trade Secrets Protection Act Section.
Part IV—Miscellaneous
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THE TRADE SECRETS PROTECTION ACT, 2009 An Act to provide for the protection of undisclosed information in commercial transactions and to provide for other related matters. Date of Assent: 25th April, 2009. Date of Commencement: 12th June, 2009. Be it enacted by Parliament as follows: Part I—Preliminary
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Act 2 Trade Secrets Protection Act 2009 the disclosure, acquisition or use of confidential information.
In this Act, unless the context otherwise requires— “acquisition” means the act by which a person acquires or procures property in anything; “court” means the High Court; “disclosure” means an act of disclosing or revealing information which is secret or generally unknown; “person” means an individual or a legal or juridical entity; “trade secret” means information including but not limited to a formula, pattern, compilation, program, method, technique, or process, or information contained or embodied in a product, device or mechanism which—
and
circumstances to maintain its secrecy. Part II—Protection of Trade Secrets
A person has the right to prevent information lawfully within his or her control from being disclosed to or acquired, or used by others without his or her consent, in a manner contrary to honest commercial practice.
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precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
circumstances, by a person lawfully in control of the information, to keep it secret.
“improper means” includes commercial espionage by electronic or other means; “reverse engineering” means the process of discovering the technological principles of a device, object or system through analysis of its structure, function and operation as |
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long as it is obtained lawfully.
Acts contrary to honest commercial practice include but are not limited to the following—
physical force or unauthorized entry into a place of business or a particular part of a place of business of the person who possesses that undisclosed information, either directly or through a third party;
through fraudulent misrepresentation to induce disclosure or through an act of deceit, either directly or through a third party;
eavesdropping, electronic listening, unauthorized access to the person’s private correspondence or files or any other improper means;
in breach of contract or in breach of confidence;
virtue of the place or manner in which that information is obtained, circumstances reasonably suggest that the information is subject to an expectation of privacy;
obtained unlawfully;
by a person to whom it is disclosed without being informed that the information is subject to an obligation of confidentiality, after being informed that that information |
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Act 2 Trade Secrets Protection Act 2009 is in fact subject to an obligation of confidentiality; or
Acts not contrary to honest commercial practice include—
as a library, government records available to the public, publication, or product available on the market, or from another person lawfully in possession of that information without an obligation of confidentiality;
commercially available product embodying the undisclosed information;
information;
from the owner;
among or readily accessible to persons within the circles that normally deal with that kind of information;
at the time of disclosure to him or her is not informed that it is subject to an obligation of confidentiality.
The right in a trade secret shall not prejudice rights in other forms of |
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Act 2 Trade Secrets Protection Act 2009 intellectual property.
In each case of assignment, transfer or licence the rights and obligations of the parties shall be stated in a written contract and signed by the owner of the right or by a person authorized by him or her for that purpose and by the person to whom the rights are being assigned or transferred or licensed.
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Act 2 Trade Secrets Protection Act 2009 unfair commercial use. Part III—Remedies And Defences
which the trade secret to which the improper disclosure, acquisition or use relates is contained or embodied.
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acquisition or use.
An owner may, subject to section 12, recover damages for the loss caused by the improper disclosure, acquisition or use of a trade secret.
The court may, subject to section 12, order the defendant to account to the plaintiff or owner for any profits that have accrued, or that may subsequently accrue to the defendant by reason or in consequence of the improper disclosure, acquisition or use of the trade secret.
The court may, subject to section 10, award exemplary damages for the improper disclosure, acquisition or use of a trade secret.
use by the defendant of the trade secret in such amount and upon such terms as the court thinks fit;
incurred by the plaintiff in connection with acquiring or developing the trade secret, and which are liable to be wasted by reason of the defendant being permitted to exploit the trade secret in the future; or
to which both the plaintiff and the defendant shall be free to exploit the trade secret in future and the rights and |
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liabilities of each.
protected under this Act;
acquires or uses a trade secret in good faith is entitled to disclose, use and transfer the trade secret to the extent which is just and reasonable having regard to—
given by that person for the trade secret;
or in order to exploit the trade secret made before he or she discovered that the person entitled to the benefit of the trade secret has been deprived of it by improper means or mistake as the case may be; and
entitled to the benefit of a trade secret.
the rights of the parties as may be just; or
appropriate in the circumstances of the particular case as |
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Act 2 Trade Secrets Protection Act 2009 if the action were an action referred to in section 5.
of apprehended disclosure or use there will be at the time of that disclosure or use a public interest involved in the trade secret being disclosed or used; and
upholding the trade secret.
or used by the defendant; and
trade secret in issue as compared with the extent and nature of the disclosure or use which appears to be justified by the public interest in which the defendant |
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Act 2 Trade Secrets Protection Act 2009 relies.
Part IV—Miscellaneous.
sealed; or
an alleged trade secret without the prior approval of the court.
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