13-24-3 - Injunctive relief.
13-24-3. Injunctive relief.
(1) Actual or threatened misappropriation may be enjoined. Upon application to thecourt, an injunction shall be terminated when the trade secret has ceased to exist, but theinjunction may be continued for an additional reasonable period of time in order to eliminatecommercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment ofa reasonable royalty for no longer than the period of time for which use could have beenprohibited. Exceptional circumstances include, but are not limited to, a material and prejudicialchange of position prior to acquiring knowledge or reason to know of misappropriation thatrenders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may becompelled by court order.
Enacted by Chapter 60, 1989 General Session