TRADE SECRETS PROTECTION ACT, 2009.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Application.

   2.   Interpretation.

PART II
PROTECTION OF TRADE SECRETS.

   3.   Right to prevent disclosure, acquisition or use of trade secrets.

   4.   Conditions for protection.

   5.   Right of action.

   6.   Disclosure contrary to honest commercial practice.

   7.   Acts not contrary to honest commercial practice.

   8.   Right not exclusive.

   9.   Right to assign, transfer or license.

   10.   Rights and obligations to be set forth in contract.

   11.   Information furnished to a government department.

PART Ill
REMEDIES AND DEFENCES.

   12.   Remedies.

   13.   Injunction.

   14.   Damages.

   15.   Account of profits.

   16.   Exemplary damages.

   17.   Adjustment orders.

   18.   Disclosure, acquisition or use in good faith.

   19.   Defences.

PART IV
MISCELLANEOUS.

   20.   Preservation of secrecy.

   21.   Limitation.

TRADE SECRETS PROTECTION ACT, 2009.

Commencement: 12 June, 2009.

   An Act to provide for the protection of undisclosed information in commercial transactions and to provide for other related matters.

PART I
PRELIMINARY.

1.   Application.

   (1) This Act applies to governmental agencies, and persons regardless of the nature of the entity or the purpose for which it exists.

   (2) Nothing in this Act is intended to impose on any person a liability for the acquisition, disclosure or use of information, where that information is acquired in the course of that person's work, and the information is of a character that the acquisition would amount to not more than an enhancement of that person's personal knowledge, skill or expertise.

   (3) This Act does not affect any rules of equity or the common law by virtue of which obligations of confidence arise with respect to the disclosure, acquisition or use of confidential information.

2.   Interpretation.

   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—

   (a)   is, or may be used in a trade or business;

   (b)   is not generally known in that trade or business;

   (c)   has economic value from not being generally known; and

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

PART II
PROTECTION OF TRADE SECRETS.

3.   Right to prevent disclosure, acquisition or use 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.

4.   Conditions for protection.

   (1) Information protected under this Act must—

   (a)   be a secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind