59.1-337 - Injunctive relief. - Virginia Statutes

§ 59.1-337. Injunctive relief.

A. Actual or threatened misappropriation may be enjoined. Upon application tothe court, an injunction shall be terminated when the trade secret has ceasedto exist, but the injunction may be continued for an additional reasonableperiod of time in order to eliminate commercial advantage that otherwisewould be derived from the misappropriation.

B. In exceptional circumstances, an injunction may condition future use uponpayment of a reasonable royalty for no longer than the period of time forwhich use could have been prohibited. Exceptional circumstances include, butare not 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 trade secretmay be compelled by court order.

(1986, c. 210.)