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2025 Utah Code
Title 13 - Commerce and Trade
Chapter 5a - Unfair Competition Act
Section 102 - Definitions.
Universal Citation:
UT Code § 13-5a-102 (2025)
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13-5a-102. Definitions.
As used in this chapter:
Amended by Chapter 340, 2011 General Session
As used in this chapter:
- (1) "Control" means:
- (a) ownership of more than 5% of the voting shares or ownership interests of an entity;
- (b) the power to vote more than 5% of the voting shares of an entity; or
- (c) the ability to influence the management of an entity.
- (2) "Depository institution" is as defined in Section 7-1-103.
- (3) "Malicious cyber activity" means:
- (a) the unlawful use of computing resources to intimidate or coerce others;
- (b) accessing a computer without authorization or exceeding authorized access;
- (c) willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access; and
- (d) intentionally or recklessly:
- (i) intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or
- (ii) intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources.
- (4)
- (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:
- (i)
- (A) is unlawful, unfair, or fraudulent; and
- (B) leads to a material diminution in value of intellectual property; and
- (ii) is one of the following:
- (A) malicious cyber activity;
- (B) infringement of a patent, trademark, or trade name;
- (C) a software license violation; or
- (D) predatory hiring practices.
- (i)
- (b) Notwithstanding Subsection (4)(a), "unfair competition" does not include the departure and hiring of an employee by a competitor.
- (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:
Amended by Chapter 340, 2011 General Session
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