3rd Sub.
S.B.
239
UNFAIR BUSINESS PRACTICES
senate floor
Amendments
Amendment 2 March 1, 2004 12:16 pm
Senator Curtis S. Bramble
proposes the following amendments:
1. Page
2, Lines 37 through 42
:
37
(3) (a) Except as provided in Subsection (3)
[[
(b)
]]
(c)
, "unfair competition" means a business
38
act or practice that:
39
(i) is unlawful, unfair, or fraudulent; and
40
(ii) leads to a material diminution in value of intellectual property.
(b) "Unfair competition" includes:
(i) damaging an Internet website;
(ii) computer hacking;
(iii) cyber-terrorism;
(iv) misuse of a patent, trademark, or trade name;
(v) a software license violation;
(vi) misuse of an Internet domain name;
(vii) misleading Internet domain name directions;
(viii) predatory hiring practices;
(ix) encouraging a person to violate a provision of an employment contract that prohibits
competition or disclosure; or
(x) making false or misleading claims.
41
[[
(b)
]]
(c)
Notwithstanding
[[
Subsection
]]
Subsections
(3)(a)
or (b)
, "unfair
competition" does not include the
42
departure and hiring of an employee by a competitor.
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