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§ 5303. Injunctive relief

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 12 Pa.C.S.A. Commerce and TradeEffective: April 19, 2004

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 12 Pa.C.S.A. Commerce and Trade (Refs & Annos)
Part IV. Commercial Protection (Refs & Annos)
Chapter 53. Trade Secrets (Refs & Annos)
Effective: April 19, 2004
12 Pa.C.S.A. § 5303
§ 5303. Injunctive relief
(a) Injunctions.--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 reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) Exceptional circumstances.--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.
(c) Affirmative acts compelled by court order.--In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.


2004, Feb. 19, P.L. 143, No. 14, § 1, effective April 19, 2004.
12 Pa.C.S.A. § 5303, PA ST 12 Pa.C.S.A. § 5303
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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