417.455. Misappropriation, actual or threatened may be enjoined--injunction terminates, when--exceptional circumstances, defined. - Missouri Statutes

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Statutes > Missouri > T26 > C417 > 417_455

Misappropriation, actual or threatened may be enjoined--injunctionterminates, when--exceptional circumstances, defined.

417.455. 1. Actual or threatened misappropriation may be enjoined.Upon application to the court, an injunction shall be terminated when thetrade secret has ceased to exist, but the injunction may be continued foran additional reasonable period of time in order to eliminate commercialadvantage that otherwise would be derived from the misappropriation.

2. In exceptional circumstances, an injunction may condition futureuse upon payment of a reasonable royalty for no longer than the period oftime for which use could have been prohibited. Exceptional circumstancesinclude, but are not limited to, a material and prejudicial change ofposition prior to acquiring knowledge or reason to know of misappropriationthat renders a prohibitive injunction inequitable.

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

(L. 1995 S.B. 80 & 88 § 3)

State Codes and Statutes

Statutes > Missouri > T26 > C417 > 417_455

Misappropriation, actual or threatened may be enjoined--injunctionterminates, when--exceptional circumstances, defined.

417.455. 1. Actual or threatened misappropriation may be enjoined.Upon application to the court, an injunction shall be terminated when thetrade secret has ceased to exist, but the injunction may be continued foran additional reasonable period of time in order to eliminate commercialadvantage that otherwise would be derived from the misappropriation.

2. In exceptional circumstances, an injunction may condition futureuse upon payment of a reasonable royalty for no longer than the period oftime for which use could have been prohibited. Exceptional circumstancesinclude, but are not limited to, a material and prejudicial change ofposition prior to acquiring knowledge or reason to know of misappropriationthat renders a prohibitive injunction inequitable.

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

(L. 1995 S.B. 80 & 88 § 3)

State Codes and Statutes

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State Codes and Statutes

Statutes > Missouri > T26 > C417 > 417_455

Misappropriation, actual or threatened may be enjoined--injunctionterminates, when--exceptional circumstances, defined.

417.455. 1. Actual or threatened misappropriation may be enjoined.Upon application to the court, an injunction shall be terminated when thetrade secret has ceased to exist, but the injunction may be continued foran additional reasonable period of time in order to eliminate commercialadvantage that otherwise would be derived from the misappropriation.

2. In exceptional circumstances, an injunction may condition futureuse upon payment of a reasonable royalty for no longer than the period oftime for which use could have been prohibited. Exceptional circumstancesinclude, but are not limited to, a material and prejudicial change ofposition prior to acquiring knowledge or reason to know of misappropriationthat renders a prohibitive injunction inequitable.

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

(L. 1995 S.B. 80 & 88 § 3)