60-3321. Misappropriation of trade secret; injunctive or other protective relief. - Kansas Statutes

60-3321

Chapter 60.--PROCEDURE, CIVIL Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY

      60-3321.   Misappropriation of trade secret; injunctive or other protective relief.(a) Actual or threatened misappropriation may be enjoined. Upon applicationto the court, an injunction shall be terminated when the tradesecret has ceased to exist, but the injunction may be continued for anadditional reasonable period of time in order to eliminate commercial advantagethat otherwise would be derived from the misappropriation.

      (b)   In exceptional circumstances, an injunction may conditionfuture use upon payment of a reasonableroyalty for no longer than the period of time for which usecould have been prohibited. Exceptional circumstances include, but arenot limited to, a material and prejudicial change of position prior toacquiring knowledge or reason to know of misappropriation that renders aprohibitive injunction inequitable.

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

      History:   L. 1981, ch. 214, § 2;L. 1988, ch. 221, § 1; July 1.