§482B-3 - Injunctive relief.
[§482B-3] Injunctive relief. (a)
Actual or threatened misappropriation may be enjoined. Upon application to a
circuit court of the State, 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) 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, but are not limited to, a material and
prejudicial change of position prior to acquiring knowledge or reason to know
of misappropriation that renders a prohibitive injunction inequitable. The
alleged wrongful user shall bear the burden of proof of exceptional
circumstances.
(c) In appropriate circumstances, affirmative
acts to protect a trade secret may be compelled by court order. [L 1989, c 221,
pt of §1]
Rules of Court
Injunctions, see HRCP rule 65.