In all cases in which it is proven that an industrial or trade secret has been misappropriated, the court may issue a preliminary injunction order, for which the plaintiff shall not be under the obligation to prove irreparable damages. Furthermore, the court may issue a permanent injunction once the case has been fully heard.
The court, by request of the defendant, shall terminate the injunction if such industrial or trade secret has ceased to exist as a secret. The court may extend the injunction for an additional reasonable term so as to prevent the defendant from obtaining an improper business advantage, or if the defendant is culpable when such secret ceases to exist.
The court may, under extraordinary circumstances, order that reasonable royalties be paid if it finds that prohibiting the future use of an industrial or trade secret would be an unreasonable measure. The term provided for paying such royalties shall not exceed the term during which the use of the industrial or trade secret was prohibited. Finding that a party is using the trade secret before being aware or in a position that allowed him/her to be aware of the concept of misappropriation shall be deemed to be an extraordinary circumstance, thus rendering the injunction non-equitable.
History
—June 3, 2011, No. 80, § 8.