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Current as of January 01, 2024 | Updated by Findlaw Staff
1. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time to eliminate commercial advantage that otherwise would be derived from the misappropriation.
2. 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 a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
3. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Cite this article: FindLaw.com - North Dakota Century Code Title 47. Property § 47-25.1-02. Injunctive relief - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-25-1-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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