44-402. Injunctive relief
A. Actual or threatened misappropriation may be enjoined. On application to the court, the court shall terminate an injunction if the trade secret has ceased to exist, but the court may continue the injunction for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
B. In exceptional circumstances an injunction may condition future use on payment of a reasonable royalty for no longer than the period of time for which the use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
C. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Section: Previous 44-351 44-352 44-353 44-354 44-355 44-356 44-401 44-402 44-403 44-404 44-405 44-406 44-407 44-1001 44-1002 NextLast modified: October 13, 2016