10 §1543. Injunctive relief
Title 10: COMMERCE AND TRADE
Part 4: TRADEMARKS AND NAMES
Chapter 302: UNIFORM TRADE SECRETS ACT HEADING: PL 1987, C. 143 (NEW)
§1543. Injunctive relief
1. Misappropriation restrained or enjoined. Actual or threatened misappropriation may be restrained or enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
[ 1987, c. 143, (NEW) .]
2. Exceptional circumstances. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited.
A. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. [1987, c. 143, (NEW).]
[ 1987, c. 143, (NEW) .]
3. Protection of trade secret compelled. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
[ 1987, c. 143, (NEW) .]
4. Application. This section applies to all forms of injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions.
[ 1987, c. 143, (NEW) .]
SECTION HISTORY
1987, c. 143, (NEW).