Section 22-815 - Right to possession and prevent use.
§ 22-815. Right to possession and prevent use.
(a) In general.- On cancellation of a license, the licensor has the right:
(1) To possession of all copies of the licensed information in the possession or control of the licensee and any other materials pertaining to that information which by contract are to be returned or delivered by the licensee to the licensor; and
(2) To prevent the continued exercise of contractual and informational rights in the licensed information under the license.
(b) Prerequisites for exercise without judicial process.- Except as otherwise provided in § 22-814 of this subtitle, a licensor may exercise its rights under subsection (a) of this section without judicial process only if this can be done:
(1) Without a breach of the peace;
(2) Without a foreseeable risk of personal injury or significant physical damage to information or property other than the licensed information; and
(3) In accordance with § 22-816 of this subtitle.
(c) Injunction.- In a judicial proceeding, the court may enjoin a licensee in breach of contract from continued use of the information and informational rights and may order the licensor or a judicial officer to take the steps described in § 22-618 of this title.
(d) Right to expedited judicial hearing.- A party has a right to an expedited judicial hearing on a request for prejudgment relief to enforce or protect its rights under this section.
(e) Right to possession assumes information is identifiable or separable.- The right to possession under this section is not available to the extent that the information, before breach of the license and in the ordinary course of performance under the license, was so altered or commingled that the information is no longer identifiable or separable.
(f) Licensee subject to contractual use terms.- A licensee that provides information to a licensor subject to contractual use terms has the rights and is subject to the limitations of a licensor under this section with respect to the information it provides.
[2000, ch. 11; ch. 61, § 6.]