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Oregon Revised Statutes

Or. Rev. Stat. § 646.473 (2026)

Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents

✓ current as of May 2026
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      646.473 Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents. (1) Except as provided in subsection (2) of this section, ORS 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret.

      (2) ORS 646.461 to 646.475 shall not affect:

      (a) Contractual remedies, whether or not based upon misappropriation of a trade secret;

      (b) Other civil remedies that are not based upon misappropriation of a trade secret;

      (c) Criminal remedies, whether or not based upon misappropriation of a trade secret; or

      (d) Any defense, immunity or limitation of liability afforded public bodies, their officers, employees or agents under ORS 30.260 to 30.300.

      (3) Notwithstanding any other provision in ORS 646.461 to 646.475, public bodies and their officers, employees and agents are immune from any claim or action for misappropriation of a trade secret that is based on the disclosure or release of information in obedience to or in good faith reliance on any order of disclosure issued pursuant to ORS 192.311 to 192.431 or on the advice of an attorney authorized to advise the public body, its officers, employees or agents. [1987 c.537 §8]

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2010–2025 · leading case: Kaib's Roving R. Ph. Agency, Inc. v. Smith, 239 P.3d 247 (Or. Ct. App. 2010).
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Kaib's Roving R. Ph. Agency, Inc. v. Smith, 239 P.3d 247 (Or. Ct. App. 2010). “”); ORS 646.473(1) (The Uniform Trade Secrets Act “supersede[s] conflicting tort, restitution or other law[s] of Oregon providing civil remedies for misappropriation of a trade secret.”
Garfias v. Portland Spray Works, Inc. (D. Or. 2021). · cites it 4× “§ 646.473(1). This provision, however, “shall not affect: .”
Com. Fire Prot., LLC v. Pigg (D. Or. 2025). · cites it 4× “, 2009 WL 10733692 , at *13 (quoting Or. Rev. Stat. § 646.473 (1)). "However, th[e] preemption provision does not apply to '(1) contractual remedies, whether or not based upon misappropriation of a trade secret, or (2) other civil remedies that are not based upon…”
AssuredPartners of Oregon, LLC v. Reese (D. Or. 2022). · cites it 2× “" Or. Rev. Stat. § 646.473 (1). However, "[o]ther civil remedies that are not based upon misappropriation of a trade secret" are not preempted.”
Rust-Oleum Corp. v. NIC Indus., Inc. (D. Or. 2023). · cites it 2× “ORS 646.473(1). It does not □ affect civil remedies not based on misappropriation of a trade secret.”
Pharm. Rsch. & Mfrs. of Am. v. Stolfi (9th Cir. 2025). “537 § 8(3) (Oregon Uniform Trade Secrets Act, now codified at Or. Rev. Stat. § 646.473(3)); 1973 Or. Laws Ch.”
— Or. Rev. Stat. § 646.473(1) — 3 cases
Kaib's Roving R. Ph. Agency, Inc. v. Smith, 239 P.3d 247 (Or. Ct. App. 2010). “”); ORS 646.473(1) (The Uniform Trade Secrets Act “supersede[s] conflicting tort, restitution or other law[s] of Oregon providing civil remedies for misappropriation of a trade secret.”
Garfias v. Portland Spray Works, Inc. (D. Or. 2021). “§ 646.473(1). This provision, however, “shall not affect: .”
Rust-Oleum Corp. v. NIC Indus., Inc. (D. Or. 2023). “ORS 646.473(1). It does not □ affect civil remedies not based on misappropriation of a trade secret.”
— Or. Rev. Stat. § 646.473(2) — 1 case
Rust-Oleum Corp. v. NIC Indus., Inc. (D. Or. 2023). “ORS 646.473(1). It does not □ affect civil remedies not based on misappropriation of a trade secret.”
— Or. Rev. Stat. § 646.473(2)(b) — 1 case
Garfias v. Portland Spray Works, Inc. (D. Or. 2021). “§ 646.473(1). This provision, however, “shall not affect: .”
— Or. Rev. Stat. § 646.473(3) — 1 case
Pharm. Rsch. & Mfrs. of Am. v. Stolfi (9th Cir. 2025). “537 § 8(3) (Oregon Uniform Trade Secrets Act, now codified at Or. Rev. Stat. § 646.473(3)); 1973 Or. Laws Ch.”
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