California Civil Code 3426.2 – (a) Actual or threatened misappropriation may be enjoined. Upon …
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
Terms Used In California Civil Code 3426.2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Misappropriation: means :
California Civil Code 3426.1
- Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
California Civil Code 3426.1
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)