Nevada Statute | Act | Code |Title 52 - Trade Regulations And Practices| US Code - US Statute

As used in this chapter unless the
context otherwise requires, the words and terms defined in NRS 603.020
and 603.030 , have the meanings ascribed to them in those
sections.

      (Added to NRS by 1983, 1348)
“Computer” means an electrical
device which performs arithmetic or logical functions on information that
is recorded in the form of electronic or magnetic impulses, and includes
any device connected to a computer for the purpose of communicating,
processing, storing or retrieving such information. The term does not
include a device such as a radio or television transmitter or receiver,
television camera, videotape recorder, sound recorder, phonograph or
similar device which is used for reproducing information in aural or
visual form without changing the nature or content of the information,
unless such a device is connected to and used by a computer.

      (Added to NRS by 1983, 1348)
“Program” means a series of
statements or instructions in words, numbers or other symbols which are
used or to be used directly or indirectly in a computer to bring about an
intended result. The term includes the statements or instructions of a
program in a form acceptable to a computer or a representation of the
statements or instructions in any other form, including the charts and
documents used in the design and writing of the program.

      (Added to NRS by 1983, 1348)
It is an unfair trade
practice for a person:

      1. To obtain possession of or access to a proprietary program or
the data stored in a computer with intent to:

      (a) Deprive or withhold from the owner his control over that
program or data; or

      (b) Convert that program or data to his own use or the use of
another.

      2. With the consent of the owner, to obtain possession of or
access to a proprietary program or the data stored in a computer and
thereafter, without the consent of the owner, to:

      (a) Convert that program or data to his own use or the use of
another; or

      (b) Make or cause to be made a copy of that data or the statements
or instructions of that program or to exhibit that program or data to
another.

      3. By force, violence, threat, bribe, reward or offer of anything
of value on or to another person or a member of his family, to obtain or
attempt to obtain from that other person an unauthorized copy of a
proprietary program or the data stored in a computer.

      4. To enter on the premises of another with intent to obtain the
unauthorized possession of or access to a proprietary program or the data
stored in a computer.

      (Added to NRS by 1983, 1348)
It is an infringement
of a trade secret for a person, without the consent of the owner, to
obtain possession of or access to a proprietary program or a compilation
of proprietary information that is stored as data in a computer and make
or cause to be made a copy of that program or data if the program or data:

      1. Is used in the owner’s business;

      2. Gives the owner an opportunity to obtain an advantage over
competitors who do not know or use it;

      3. Is treated by the owner as secret; and

      4. Is not copyrighted because an application therefor would result
in the program or data no longer being secret.

      (Added to NRS by 1983, 1349)

      1. In a civil action alleging an unfair trade practice respecting
a program, it is presumed that a program is proprietary if the person
alleging ownership of the program shows that he made the program or
obtained the exclusive right to manufacture, market and sell, lease, rent
or license the program for use and that he maintained the proprietary
nature of the program by giving notice thereof.

      2. Such a notice is sufficient if the program, when:

      (a) Compiled in a computer and retrieved for the visual display of
its statements or instructions, is accompanied by a statement that it is
confidential or proprietary.

      (b) Operated in a computer, either at the beginning of its
operation or when the results of the program are displayed visually,
displays a statement that the program is confidential or proprietary.

      (c) Sold to the public or leased, rented or licensed for use, bears
on its package or container a statement that the program is proprietary.

Ê A statement that the owner or manufacturer retains the right to copy
the program is equivalent to a statement that the program is proprietary.

      (Added to NRS by 1983, 1349)
A governmental agency which obtains a proprietary program or the
data stored in a computer must keep the program or data confidential. The
governmental agency may only use the program or data for the purpose for
which it was obtained, and may not release the program or data without
the prior written consent of the owner.

      (Added to NRS by 1983, 1350)

      1. The owner of the rights to a proprietary program or the data
stored in a computer may bring a civil action to enjoin:

      (a) Unfair trade practices respecting that program or data; or

      (b) Infringement of a trade secret respecting that program or data.

      2. A court of competent jurisdiction may:

      (a) Grant such injunctions to restrain the unfair trade practices
or infringements of a trade secret as it deems just and reasonable;

      (b) Require a defendant to pay to the owner all profits derived
from his wrongful acts and all damage suffered by the owner because of
those acts; and

      (c) Order all copies of such a program or data which is in the
possession or control of a defendant to be delivered to the owner or to
an officer of the court for destruction.

      (Added to NRS by 1983, 1349)
The civil
remedies provided in this chapter:

      1. Do not preclude the prosecution of a defendant under the penal
laws of this state.

      2. Are in addition to any rights or remedies to which the owner of
a proprietary program or data stored in a computer is entitled under the
common law.

      (Added to NRS by 1983, 1350)

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