60-3321. Misappropriation of trade secret; injunctive or other protective relief. (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 reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) 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) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History: L. 1981, ch. 214, § 2; L. 1988, ch. 221, § 1; July 1.
Structure Kansas Statutes
Article 33 - Actions Relating To Commercial Activity
60-3305 Manufacturer's or seller's duty to warn or protect against danger, when.
60-3306 Seller not subject to liability, when.
60-3307 Inadmissible evidence.
60-3321 Misappropriation of trade secret; injunctive or other protective relief.
60-3323 Award of attorney fees, when.
60-3324 Preservation of trade secret during action.
60-3325 Time limit for bringing action.
60-3329 Severability of provisions of act.
60-3334 Same; waiver of privilege; exceptions; burden of proof; review; return of report.
60-3337 Statutory and common-law privileges not affected.
60-3339 Compliance with act shall be considered by tribunal in determining penalties.
60-3351 Insurance compliance self-evaluative privilege.
60-3352 Same; in camera review; effect on admissibility of documents.
60-3353 Same; in camera review; procedure.
60-3354 Same; assertion of privilege; burden of proof.