24-2-3-3. Injunction against misappropriation; exceptional circumstances

IN Code § 24-2-3-3 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 3. (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) If the court determines in exceptional circumstances 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 the use could have been prohibited.

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

As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.3.