Act 2 Trade Secrets Protection Act 2009 18. Disclosure, acquisition or use in good faith. (1) Where a person in good faith discloses, acquires or uses a trade secret, and subsequently learns that a person entitled to the benefit of that trade secret under this Act has been deprived of it by improper means or by mistake, either the person entitled to that benefit or the person who has disclosed, acquired or used that trade secret in good faith may bring an action for a declaration of the rights of the parties. (2) In an action under subsection (1) the court shall determine the rights of the parties in accordance with the following principles(a) a person entitled to the benefit of a trade secret shall be protected under this Act; (b) notwithstanding paragraph (a), a person who discloses, acquires or uses a trade secret in good faith is entitled to disclose, use and transfer the trade secret to the extent which is just and reasonable having regard to(i) the economic and social value of the consideration given by that person for the trade secret; (ii) any change in the position of that person in reliance upon or in order to exploit the trade secret made before he or she discovered that the person entitled to the benefit of the trade secret has been deprived of it by improper means or mistake as the case may be; and (iii) the protection granted by this Act to the person entitled to the benefit of a trade secret. (3) In an action under subsection (1), the court may(a) make an interim order to protect the interests and preserve the rights of the parties as may be just; or (b) award, grant, order or make such remedy as may be appropriate in the circumstances of the particular case as if the action were an action referred to in section 5. 11