§ 66-154. Remedies. - North Carolina Statutes

§66‑154.  Remedies.

(a)        Except as providedherein, actual or threatened misappropriation of a trade secret may bepreliminarily enjoined during the pendency of the action and shall bepermanently enjoined upon judgment finding misappropriation for the period thatthe trade secret exists plus an additional period as the court may deemnecessary under the circumstances to eliminate any inequitable or unjustadvantage arising from the misappropriation.

(1)        If the courtdetermines that it would be unreasonable to enjoin use after a judgment findingmisappropriation, an injunction may condition such use upon payment of areasonable royalty for any period the court may deem just. In appropriatecircumstances, affirmative acts to protect the trade secret may be compelled byorder of the court.

(2)        A person who in goodfaith derives knowledge of a trade secret from or through misappropriation orby mistake, or any other person subsequently acquiring the trade secrettherefrom or thereby, shall be enjoined from disclosing the trade secret, butno damages shall be awarded against any person for any misappropriation priorto the time the person knows or has reason to know that it is a trade secret.If the person has substantially changed his position in good faith relianceupon the availability of the trade secret for future use, he shall not beenjoined from using the trade secret but may be required to pay a reasonableroyalty as deemed just by the court. If the person has acquired inventorythrough such knowledge or use of a trade secret, he can dispose of theinventory without payment of royalty. If his use of the trade secret has noadverse economic effect upon the owner of the trade secret, the only availableremedy shall be an injunction against disclosure.

(b)        In addition to therelief authorized by subsection (a), actual damages may be recovered, measuredby the economic loss or the  unjust enrichment caused by misappropriation of atrade secret, whichever is greater.

(c)        If willful andmalicious misappropriation exists, the trier of  fact also may award punitivedamages in its discretion.

(d)        If a claim ofmisappropriation is made in bad faith or if willful and maliciousmisappropriation exists, the court may award reasonable attorneys' fees to theprevailing party. (1981, c. 890, s. 1.)