2021 Colorado Code
Title 7 - Corporations and Associations
Article 74 - Uniform Trade Secrets Act
§ 7-74-108. Effect on Other Law

1. Except as provided in subsection (2) of this section, this article displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
2. This article does not affect:
   1. Contractual remedies, whether or not based upon misappropriation of a trade secret;
   2. Other civil remedies that are not based upon misappropriation of a trade secret; or
   3. Criminal remedies, whether or not based upon misappropriation of a trade secret.

History. Source: L. 86: Entire article added, p. 462, § 1, effective July 1.

For theft of trade secrets, see § 18-4-408 .

Claims for interference with business relations do not conflict with the Uniform Trade Secrets Act (USTA) and, therefore, are not preempted. Powell Prods., Inc. v. Marks, 948 F. Supp. 1469 (D. Colo. 1996 ).

Claims that, although involving a trade secret misappropriation issue, include additional elements not necessary to a misappropriation claim under the UTSA do not conflict with the UTSA and are not preempted. Powell Prods., Inc. v. Marks, 948 F. Supp. 1469 (D. Colo. 1996 ).

Preemption is only appropriate where other claims are no more than a restatement of the same operative facts which would plainly and exclusively spell out only trade secret misappropriation. Powell Prods., Inc. v. Marks, 948 F. Supp. 1469 (D. Colo. 1996 ).

The economic loss rule does not preclude statutory claims under this act. Great Am. Opportunities, Inc. v. Kent, 352 F. Supp. 3d 1126 (D. Colo. 2018 ).