3rd Sub.
S.B.
239
UNFAIR BUSINESS PRACTICES
house floor
Amendments
Amendment 5 March 3, 2004 7:13 pm
Representative Stephen H. Urquhart
proposes the following amendments:
1. Page
2, Lines 37 through 42
Senate 2nd Reading Amendments
3-1-2004
:
37
(3) (a) Except as provided in Subsection (3)
[[
S [(b)]
(c)
s
]]
(b)
, "unfair competition" means
[[
a
]]
an intentional
37a
business
38
act or practice that:
39
(i)
(A)
is unlawful, unfair, or fraudulent; and
40
[[
(ii)
]]
(B)
leads to a material diminution in value of intellectual property
[[
.
]]
; and
(ii) is one of the following:
40a
S
[[
(b) "UNFAIR COMPETITION" INCLUDES:
]]
40b
[[
(i)
]]
(A)
DAMAGING AN INTERNET WEBSITE;
40c
[[
(ii)
]]
(B)
COMPUTER HACKING;
40d
[[
(iii)
]]
(C)
CYBER-TERRORISM;
40e
[[
(iv)
]]
(D)
[[
MISUSE
]]
infringement
OF A PATENT, TRADEMARK, OR
TRADE NAME;
40f
[[
(v)
]]
(E)
A SOFTWARE LICENSE VIOLATION;
40g
[[
(vi)
]]
(F)
MISUSE OF AN INTERNET DOMAIN NAME;
40h
[[
(vii)
]]
(G)
MISLEADING INTERNET DOMAIN NAME DIRECTIONS;
40i
[[
(viii)
]]
(H)
PREDATORY HIRING PRACTICES;
or
40j
[[
(ix)
]]
(I)
ENCOURAGING A PERSON TO VIOLATE A PROVISION OF AN
EMPLOYMENT CONTRACT
40k
THAT PROHIBITS COMPETITION OR DISCLOSURE
[[
; OR
]]
.
40l
[[
(x) MAKING FALSE OR MISLEADING CLAIMS.
]]
41
[(b)]
[[
(c)
]]
s
41
(b) Notwithstanding S
[[
[Subsection]
SUBSECTIONS
]]
Subsection
s (3)(a)
[[
S
OR
(b)
]]
s , "unfair
41a
competition" does not include the
42
departure and hiring of an employee by a competitor.
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sb0239s03.hfa.05.wpd
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