§ 11-1202. Misappropriation of trade secrets may be enjoined

   (a) In general. -- Actual or threatened misappropriation may be enjoined.

(b) Termination of injunction. -- 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.

(c) Payment of royalty. -- 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.

(d) Affirmative acts. -- In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

(e) "Exceptional circumstances" defined. -- In this section, "exceptional circumstances" includes a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

HISTORY: 1989, ch. 598; 2005, ch. 25, § 13.