Title 10, Chapter 1, Section 762
( 10-1-762)
(a) Actual or threatened misappropriation may be 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 appropriate
circumstances for reasons including, but not limited to, an
elimination of commercial advantage that otherwise would be derived
from the misappropriation or where the trade secret ceases to exist
due to the fault of the enjoined party or others by improper means. (b) In exceptional circumstances, if the court determines that it
would be unreasonable to prohibit future use, 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. 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. (c) In appropriate circumstances, affirmative acts to protect a
trade secret may be compelled by court order. (d) In no event shall a contract be required in order to maintain an
action or to obtain injunctive relief for misappropriation of a
trade secret. |