2021 Oregon Revised Statutes
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.463 - Enjoining misappropriation; payment of royalties; affirmative acts.


(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for 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 the misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, the court may order affirmative acts to protect a trade secret. [1987 c.537 ยง3]

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Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 646 - Trade Practices and Antitrust Regulation

Section 646.020 - Definitions and explanations.

Section 646.040 - Price discrimination prohibited; price differentials.

Section 646.140 - Enjoining violations; treble damages; attorney fees; limitation on commencement of actions.

Section 646.461 - Definitions for ORS 646.461 to 646.475.

Section 646.463 - Enjoining misappropriation; payment of royalties; affirmative acts.

Section 646.465 - Damages for misappropriation.

Section 646.467 - Attorney fees.

Section 646.473 - Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents.

Section 646.475 - Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity.

Section 646.515 - Definitions for ORS 646.515 to 646.545.

Section 646.535 - Unfair trade practices prohibited; exception.

Section 646.545 - Remedy for unfair trade practices; attorney fees.

Section 646.551 - Definitions for ORS 646.551 to 646.557.

Section 646.553 - Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules.

Section 646.557 - Required disclosures by telephonic seller.

Section 646.561 - Definitions for ORS 646.561 to 646.565.

Section 646.565 - Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission.

Section 646.567 - Definitions for ORS 646.567 to 646.578.

Section 646.568 - Findings and purpose.

Section 646.569 - Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572.

Section 646.572 - Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General.

Section 646.574 - List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints.

Section 646.578 - Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission.

Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652.

Section 646.607 - Unlawful business, trade practices.

Section 646.608 - Additional unlawful business, trade practices; proof; rules.

Section 646.611 - Information required to be given by telephone or door to door seller to potential customer.

Section 646.612 - Application of ORS 646.607 and 646.608.

Section 646.618 - Investigative demand; petition to modify.

Section 646.622 - Method of serving investigative demand.

Section 646.626 - Effect of failure to obey investigative demand.

Section 646.632 - Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees.

Section 646.633 - Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services.

Section 646.638 - Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions.

Section 646.639 - Unlawful collection practices.

Section 646.641 - Civil action for unlawful collection practice; damages; attorney fees; time for commencing action.

Section 646.642 - Civil penalties.

Section 646.644 - Free offer; required disclosures; limitations on financial obligation incurred by consumer; enforcement; exception.

Section 646.647 - Unlawful use of recording group name; exceptions.

Section 646.648 - Unlawful practice by manufactured dwelling dealer.

Section 646.705 - Definitions for ORS 136.617 and 646.705 to 646.805.

Section 646.715 - Declaration of purpose.

Section 646.735 - Exemption for coordinated care organizations; state action immunity; permitted activities.

Section 646.736 - Public policy; certain cooperative activities not unlawful.

Section 646.737 - Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees.

Section 646.738 - Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees.

Section 646.739 - Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees.

Section 646.740 - Permitted activities.

Section 646.745 - Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision.

Section 646.750 - Investigative demand by Attorney General; petition to modify.

Section 646.760 - Civil penalties; attorney fees; mitigation.

Section 646.770 - Equitable remedies; attorney fees.

Section 646.775 - Actions by Attorney General; damages; attorney fees.

Section 646.780 - Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General.

Section 646.800 - Time of commencing action.

Section 646.805 - Effect of prior final judgment or decree.

Section 646.815 - Criminal prosecutions; compromise of criminal charges; effect of prior action seeking civil penalties.

Section 646.826 - Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators.

Section 646.836 - Confidential status of investigative material; permitted disclosures; use of information in other proceedings; return of investigative material.

Section 646.881 - Definitions for ORS 646.881 to 646.885.

Section 646.883 - Price comparison in advertisement prohibited; exceptions.

Section 646.885 - Use of terms in advertisement containing price comparison.

Section 646.905 - Definitions for ORS 646.910 to 646.923.

Section 646.910 - Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements.

Section 646.913 - Limitations on gasoline sales; requirements for ethanol content in gasoline; rules.

Section 646.922 - Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules.

Section 646.923 - Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules.

Section 646.930 - Motor vehicle fuel prices; requirements for display.

Section 646.932 - Requirement to post amount per gallon of gasoline that is federal, state and local tax; option to disclose cost per gallon of low carbon fuel standard; information from Department of Transportation and State Department of Agricultur...

Section 646.935 - Diesel fuel sales; price discrimination.

Section 646.945 - Definitions for ORS 646.947 to 646.963.

Section 646.947 - Prohibited activities.

Section 646.949 - Signs identifying octane rating.

Section 646.951 - Testing of motor vehicle fuel.

Section 646.953 - Orders of Director of Agriculture.

Section 646.955 - Records required.

Section 646.957 - Rules.

Section 646.959 - Annual fee for metering instrument or device.

Section 646.963 - Civil penalties.

Section 646.990 - Penalties.