Uniform Trade Secrets Act, Remedial Provisions:
§§ 2, 3, 4 (with 1985 amendments)
§ 2. Injunctive Relief.
(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 order to eliminate commercial
advantage that otherwise would be derived from the misappropriation.
(b) 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. 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.
§ 3. Damages.
(a) Except to the extent that a material and prejudicial change
of position prior to acquiring knowledge or reason to know of misappropriation
renders a monetary recovery inequitable, a complainant is entitled to
recover damages for misappropriation. Damages can include both the
actual loss caused by misappropriation and the unjust enrichment caused
by misappropriation that is not taken into account in computing damages
for actual loss. In lieu of damages measured by any other methods,
the damages caused by misappropriation may be measured by imposition of
liability for a reasonable royalty for a misappropriator's unauthorized
disclosure or use of a trade secret.
(b) If willful and malicious misappropriation exists, the court
may award exemplary damages in an amount not exceeding twice any award
made under subsection (a).
§ 4. Attorney's Fees.
If (i) a claim of misappropriation is made in bad faith, (ii) a motion
to terminate an injunction is made or resisted in bad faith, or (iii)
willful and malicious misappropriation exists, the court may award reasonable
attorney's fees to the prevailing party.
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