2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 3A - Uniform Trade Secrets
Section 57-3A-2 - Definitions.

Universal Citation: NM Stat § 57-3A-2 (2021)

As used in the Uniform Trade Secrets Act:

A. "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;

B. "misappropriation" means:

(1) 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

(2) disclosure of use of a trade secret of another without express or implied consent by a 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 his knowledge of the trade secret was: 1) derived from or through a person who had utilized improper means to acquire it; 2) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or 3) 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 his 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 legal or commercial entity; and

D. "trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that:

(1) 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

(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

History: Laws 1989, ch. 156, § 2.

ANNOTATIONS

Trade secret. — A database of information about medical professionals and medical facilities, that was developed over many years and at considerable expense and that contained information that went beyond an employee's general skills and knowledge and recollection of client preferences, and what one could easily obtain by consulting a telephone directory, constituted a trade secret. Rapid Temps, Inc. v. Lamon, 2008-NMCA-122, 144 N.M. 804, 192 P.3d 799.

The essential elements of a trade secret are confidentiality and value. Pincheira v. Allstate Ins. Co., 2007-NMCA-094, 142 N.M. 283, 164 P.3d 982, aff'd on other grounds, 2008-NMSC-049, 144 N.M. 601, 190 P.3d 322.

"Trade secrets". — General skills and knowledge do not rise to the level of trade secrets. Insure N.M., LLC v. McGonigle, 2000-NMCA-018, 128 N.M. 611, 995 P.2d 1053.

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