§ 2508.Trade Secrets

Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026

In one sentenceSection 2508 gives a trade secret's owner, agent, or employee a privilege to refuse disclosure and block others from disclosing it, unless allowing the privilege would conceal fraud or otherwise work an injustice.

Full Text of § 2508

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A person has a privilege, which may be claimed by the person, the person's agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is directed, the court shall take such protective measures as the interest of the holder of the privilege, of the parties and of justice require.

End

Amendment History

Laws 1978, SB 276, c. 285, § 508, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §39, eff. 11/1/2002.

Plain-English Summary

This section lets the person who owns a trade secret -- or that person's agent or employee -- refuse to disclose it and stop anyone else from disclosing it. That privilege isn't absolute: it doesn't apply if honoring it would conceal fraud or otherwise work an injustice. If a court orders disclosure anyway, it must take whatever protective measures the interests of the privilege holder, the parties, and justice require.

Frequently Asked Questions

Who can claim the trade secret privilege?

The owner of the trade secret, or the owner's agent or employee.

Is the trade secret privilege absolute?

No. Section 2508 withholds it where allowing the privilege would conceal fraud or otherwise work an injustice.

What happens if a court orders a trade secret disclosed?

The court must take protective measures suited to the interests of the privilege holder, the parties, and justice.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: oklahoma trade secret privilegetrade secret protective order oklahoma12 O.S. § 2508confidential business information evidence privilege